The Allahabad High Court after hearing a case said that this is the dark face of our society where parents feel ashamed to marry their children to a person outside their caste. The court was hearing a case in which the victim belonged to a backward caste and the petitioner belonged to a scheduled caste.Both had decided to get married in their teens because of love and affection and the victim had left her parents' house and went with the petitioner.Opposing this, the victim's father had filed a case against the petitioner under section 363 366 of the IPC and section 7/8 of the POCSO Act.Which is pending in the lower court. The petitioner had filed a petition in the High Court seeking quashing of the proceedings in the same case. While hearing the petition, a single judge bench of Justice Rahul Chaturvedi observed that this reflects the dark reality of our society where parents feel ashamed to get their sons and daughters married outside their caste even after so many years of independence.This social evil has become so deep rooted that even after 75 years of independence, we are fighting cases against our opponents on this basis.It is the father of the victim who lodged the FIR and is still fighting the case against the petitioner.The victim's father should realize that his daughter is now the mother of a small child.The complainant should withdraw the case keeping in mind the bright future of his daughter. The bench noted that both the victim and the accused in this case are married and leading a happy life as a married couple.He has given birth to a son from this marriage.The legal hurdle is regarding the age of the victim, on the day of medical examination, her age was stated to be 17 years, on the basis of which sections 7/8 of the POCSO Act were added. The court said that the accused and the victim in the case have got married and a son has been born to both of them.In spite of all that the petitioner is facing futile proceedings of the case, the Court noted that it registers its deep anguish over the same.Along with this, the Court said that the law requires that when both the parties have agreed and are living a happy life as husband and wife with their younger son, then there should be no obstacle in accepting their marriage. The court has stayed further proceedings in the case while directing the victim's father and the complainant to appear in the court on April 28.
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court news
high court news
I.P.C. Section 363and366
inter-caste marriage
legal news
POCSO Act section 7and8
stay proceeding