"Minor Couples Shouldn't Enter Into Institution Of Marriage; Pained That Children Indulge In Such Relations": Allahabad High Court

Sparsh Upadhyay

21 July 2022 9:14 AM IST

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Minor Couples Shouldnt Enter Into Institution Of Marriage; Pained That Children Indulge In Such Relations: Allahabad High Court

"The age of 15-16 years or below 18 years is not the age where any young couple should enter into the institution of marriage," the Allahabad High Court observed recently as it granted bail to a man accused of raping a minor girl taking into account the larger interest of the child born out of their consensual relationship.The Bench of Justice Rajesh Singh Chauhan however clarified that the...

"The age of 15-16 years or below 18 years is not the age where any young couple should enter into the institution of marriage," the Allahabad High Court observed recently as it granted bail to a man accused of raping a minor girl taking into account the larger interest of the child born out of their consensual relationship.

The Bench of Justice Rajesh Singh Chauhan however clarified that the bail order not be cited in any other case as precedence inasmuch as the bai was granted considering the peculiar facts and circumstances of the instant case.

The case in brief

Minor victim/prosecutrix went to Ludhiyana with the accused/bail applicant, where the accused established physical relations with her on the promise of marriage. Thereafter, they got married without informing their family members.

Subsequently, the girl conceived gave birth to a male child. Thereafter, the accused was booked u/s 376, 506 IPC, & 5/6 of POSCO Act and is in jail since January 6, 2022. Now, seeking bail, he moved to the High Court.

Arguments advanced

Before the Court, his counsel submitted that presently the informant/prosecutrix is living with the family members of the applicant/accused and she does not want to go to the place of her parents.

It was also contended that in her Section 161 and 164 Cr.P.C. statement, she had not leveled any allegation against the present applicant and rather, she had stated she was willingly living with the accused.

Further, filing his affidavit, the father of the prosecutrix supported the case of the accused and submitted before the Court that his daughter is happily living with the family members of the accused.

On the other hand, the state's counsel submitted that since the girl was a minor, her consent was meaningless in the eyes of law and therefore, the accused should not be released on bail.

Court's observations

At the very outset, the Court observed that it was pained to notice the fact that children of tender age, who have not attained the age of majority, are indulging in such type of relations which may not be said to be a proper relation.

Further, the Court remarked thus:

"When a certain age has been prescribed by the statute to get married and live accordingly, any such act which has been committed prior to such age can not be approved. The age of 15-16 years or below 18 years is not the age where any young couple should enter into the institution of marriage."

However, in the peculiar facts and circumstances of the case, the Court noted that the accused and the prosecutrix have not only got married but they are having an infant son from said wedlock.

Further, stressing that it is the responsibility of the couple to look after their child properly, the court said that if the accused is not released from jail or if he is kept in jail, there might be a possibility that his minor wife with his son might not be taken care of properly by his parents.

Therefore, considering the larger interest of the child and mother, the bail plea of the accused was allowed on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Case title - Suraj v. State Of U.P. Thru. Prin. Secy. Home Lko. And Others [CRIMINAL MISC. BAIL APPLICATION No. - 3511 of 2022]

Case Citation: 2022 LiveLaw (AB) 333

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"Minor Couples Shouldn't Enter Into Institution Of Marriage; Pained That Children Indulge In Such Relations": Allahabad High Court

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