Delhi High Court grants statutory rape accused father custody of child living with minor mother at care home

The Delhi High Court recently granted custody of an infant to his biological father, who was earlier imprisoned on charges of raping the minor mother..While dealing with the "peculiar" situation, Justice Mukta Gupta said that the child couldn’t be allowed to languish in the shelter home where the minor mother is currently residing..The girl had claimed that she had “consented” to her relationship with the petitioner, who was arrested and jailed on charges of rape. It had also come on record that the man surrendered to the police. The High Court granted him bail on September 28 after observing that there appeared to be no coercion on the part of the petitioner to want to live with him. It was remarked that the case was one where where the minor was fed up with the atmosphere at her home and “found solace in the company of the petitioner.”.Although her consent was stated to be immaterial as she was a minor, the Court expressed concern over the well-being of the mother and the infant. The infant’s custody, as a result, was handed over to the minor mother from her family on the last occasion before the Court..Case details showed that on March 25, 2021, the girl, studying in Class 9, went to school but never returned home. Her family got a First Information Report (FIR) registered at a local police station, subsequent to which she was found on April 15. Her medical examination revealed that she was five months’ pregnant..In her statement to the police, the minor stated she had had an altercation with her sister-in-law following which she left home without informing anyone.When the matter reached the High Court on July 28, it was informed girl and the petitioner were in a “consensual” relationship and had married each other..The girl had also informed the Court that she was in love with the man and wanted to live with him when she turned major. In addition, her child was stated to have been adopted by her brother. The girl, on the other hand, did not want to live with her family and was therefore sent to a shelter home for children.On October 12, the question before the High Court was over the custody of the infant.“Undoubtedly, the prosecutrix is a minor at this stage and she cannot be permitted to live in the company of the petitioner,” it noted..The minor, however, wanted the custody to be handed over to the child’s father while she was living at the shelter home. While granting the custody to the father, the High Court noted,“The parents of the petitioner are also present who state that they will take adequate care of the child. The prosecutrix who is a minor will be lodged in the After Care Home in the Nirmal Chhaya Complex till she attains the age of majority or subject to any further orders passed by a competent Court and would be thereafter at liberty to reside wherever she wants.".Advocates Dushyant Yadav and KP Chauhan represented the petitioner whereas Additional Public Prosecutor GM Farooqui appeared for the State. Advocate Richa Dhawan appeared for the minor girl..[Read Order]