News By/Courtesy: Neha Mishra | 15 Nov 2021 17:58pm IST


  • A petition was filed in the Delhi High Court be a man who was accused of raping a minor
  • He contended that the minor girl was in a relationship with him consensually
  • The custody of child born from that relationship was requested to be transferred to him

The Delhi High Court as of late allowed care of a baby to his natural father, who was prior detained on charges of assaulting the minor mother. While managing the "impossible to miss" circumstance, Justice Mukta Gupta said that the child couldn't be permitted to reside in the shelter place where the minor mother is right now living. The young lady had asserted that she had "assented" to her relationship with the petitioner, who was captured and imprisoned on rape charges.

It had likewise come on record that the man gave up to the police. The High Court conceded him bail on September 28 in the wake of seeing that there had all the earmarks of being no intimidation concerning the candidate to need to live with him. It was commented that the case was one where the minor was tired of the environment at her home and "tracked down comfort in the closeness of the petitioner." Even though her agreement was expressed to be irrelevant as she was a minor, the Court communicated worry over the prosperity of the mother and the baby. The baby's care, therefore, was given over to the minor mother from her family on the last event under the watchful eye of the Court.

Case subtleties showed that the minor girl, a student in Class 9, went to class but never got back. Her family filed a First Information Report (FIR) at a nearby police headquarters, resulting in which she was found on April 15. Her clinical assessment uncovered that she was five months pregnant. In her assertion to the police, the minor expressed she quarrelled with her sister-in-law observing which she ventured out from home without telling anybody. At the point when the matter arrived at the High Court on July 28, it was confirmed that the girl and the petitioner were in a "consensual" relationship and had gotten married to one another. The girl had additionally informed the Court that she was enamoured with the man and needed to live with him when she turned into an adult. Likewise, her child was expressed to have been taken on by her sibling. The minor girl, then again, didn't have any desire to reside with her family and was thusly shipped off an asylum home for minors.

On October 12, the inquiry under the watchful eye of the High Court was over the authority of the newborn child. "Without a doubt, the prosecutrix is a minor at this stage and she can't be allowed to live with the petitioner," the order of the High Court noted. The minor, in any case, expressed the wish that the care of her child should be given over to the child’s father while she was residing at the safe house home. While allowing the care to the father, the High Court noted, "The guardians of the petitioner are likewise present who express that they will take sufficient consideration of the child. The prosecutrix who is a minor will be stopped in the After Care Home in the Nirmal Chhaya Complex till she accomplishes the time of a larger part or likely to any further requests passed by an equipped Court and would be from there on at freedom to live any place she needs."

Section Editor: Kadam Hans | 15 Nov 2021 22:25pm IST

Tags : #child #custody #Delhi #high court #rape #minor #natural father #shelter home #consensual #petition

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