WHY IN NEWS?
The girl was stated to be 15 years and 5 months old at the time of marriage and had become pregnant after getting married. She gave the right to reside with her husband as the sexual intercourse was after marriage.
The couple had moved the court looking for direction from the official authorities to give them protection because there was opposition to the marriage from the girl’s family which has also lodged a First Information Report against the man under Section 376 (rape) of the Indian Penal Code and Section 6 of POCSO Act. The court granted police protection to a Muslim couple who got married this year as per Mohammedan rites in Bihar’s Aauriya district.
MAIN CRUXS OF THE CASE – Fija and Another v State Govt of NCT of Delhi and Ors 2022
Justice Singh observed, that petitioners, are lawfully wedded to each other and cannot be denied each other’s company which is the essence of marriage.
“If the petitioners are separated, it will only cause more trauma to the minor girl and her unborn child. The aim of the state here is to protect the best interest of Minor girl. If the petitioner has wilfully consented to the marriage and is happy, the state is no one to enter the private space of the petitioner and separate the couple. The doing of the same will tantamount to the encroachment of personal space by the state,” Justice Jasmeet Singh said. The bench also stated additionally,
“It is also clear from the status report that the parties were living with each other as husband and wife. There is no allegation that they had sexual intercourse before their marriage. The status report suggests that they were married on 11.03.2022, and thereafter, established a physical relationship.”
PREVIOUS CONTRADICTORY JUDGEMENTS
In the previous matter, there was the exploitation of the child as the sexual relationship was established prior to marriage and after establishing the physical relationship, the accused had refused to marry the prosecutrix. The bench said:
“On the other hand, in the present case, it is not a case of exploitation but a case where the petitioners were in love, got married according to the Muslim laws, and thereafter, had a physical relationship,“
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