Society's Dark Face That Families Still Feel Shy Marrying Their Son/ Daughter Out Of Caste: Allahabad High Court

The Allahabad High Court recently observed that it is society's dark face that Indian families still feel shy to get their son or daughter married to someone from outside their caste.

The bench of Justice Rahul Chaturvedi observed thus while dealing with a joint plea filed by a woman (victim) and her husband (accused) seeking to quash the chargesheet filed against the accused under sections 363, 366 IPC, and Section 7/8 of the POCSO Act.

Essentially, the FIR in the case was lodged against the accused, an SC by caste by the father of the Victim, an OBC by caste in February 2019. It was his allegations that his minor daughter was enticed away by the accused and had sexually assaulted her.

However, later on, since the victim married the accused and they were blessed with a child in September 2022, they both moved the Court to quash the criminal proceedings against the accused.

In this view of the matter, the Court, at the outset observed that the father of the victim girl is still fighting the case because of the inter-caste marriage despite knowing the fact that his daughter has married the accused and she is now a mother of a small baby.

Further, observing that the father of the victim ought to have, for the bright future of his girl, withdraw the case, the Court made the following remark: 

"This is the clear case of our society's dark face, where the families still feel shy to get their son or daughter to marry inter caste. In the instant case, the victim girl belongs to OBC community whereas the applicant boy belongs to SC community and out of sheer love and affection, they decided to marry at their teens. This wedlock blessed with a baby boy Shivansh having date of birth 16.09.2022. Despite of all these developments, the applicant is facing the futile exercise of holding trial. The court after hearing the parties, records its deepest anguish, whereby this social menace is so deep rooted that even after 75 years of independence, we are fighting the cases with his opponents on this score only"

Against this backdrop, the Court noted that it is the requirement of the law is that when both parties have agreed and now they are happily residing as husband and wife with their small kid, there cannot be any impediment in accepting this marriage.

In this regard, the Court referred to the Apex Court's ruling in the cases of Mafat Lal vs State of Rajasthan 2022 LiveLaw (SC) 362. In the Mafat Lal case (supra), the Supreme Court had observed that an offence under Section 366 IPC would be attracted only when there is a forceful compulsion of marriage, by kidnapping or by inducing a woman.

Hence, directing the father of the girl to appear before the Court on April 28, the Court stayed the further proceeding with regard to the charge sheet in the case.

Case title - XXX And Another vs. State Of U.P. Thr.Its Sec. Home U.P. And 3 Others [APPLICATION U/S 482 No. - 9901 of 2023]

Case Citation: 2023 LiveLaw (AB) 121

Click Here To Read/Download Order