Delhi HC gives infant born out of relationship with minor to father who faces rape charge

The man’s parents told the court that they will take adequate care of the child

An infant born out of a relationship in which the girl was a minor has been handed over to his biological father, who is facing rape charge, after her consent before the Delhi High Court which said the child cannot be allowed to languish in the women shelter home where the mother is lodged.

The high court said the prosecutrix is a minor at this stage and cannot be permitted to live in the company of the man and added that she will be lodged at the shelter home till she attains the age of majority and thereafter, she would be at liberty to reside wherever she wishes to.

Justice Mukta Gupta passed the order after the girl, who was present in the court submitted that the baby boy born to her on August 8 be handed over to the man who is the child’s biological father and that she is willing to live in the shelter home and would not like to live with her parents.

The man’s parents also told the court that they will take adequate care of the child.

The high court noted that the girl’s family was against the relationship between her and the man and that they had given away the child to someone in adoption, which was refuted by them.

On September 28, the high court had granted bail to the man in the rape and kidnapping case lodged against him by the girl’s parents.

It, however, said one of the major issues before the court was the custody of the baby who was born in August this year.

The FIR was lodged on a complaint by the girl’s mother that her daughter, who was studying in class 9, had gone to school on March 21, this year but did not return and suspected that she had been abducted.

The girl was traced on April 15 and was found to be five-month pregnant on her medical examination.

In her statement to the police, the girl had said that an altercation took place with her sister-in-law following which she left home without informing anyone and that she did not know how she became pregnant.

However, when the matter reached the high court for bail of the accused, she told the court that it was a consensual relationship and they had married each other willingly.

The girl stated that she does not wish to reside with her parents who were against her relationship with the man.

The court had earlier said undoubtedly, the consent of the prosecutrix for the relationship was not relevant as she was a minor.

However, at the moment it has to also consider the well-being of both the prosecutrix and of the baby, it had said.

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