Prayagraj: The Allahabad High Court has granted four-month interim bail to a Hindu man, who has been booked under the provisions of the Protection of Children from Sexual Offences (POCSO) Act, to enable him to marry the alleged victim, a Muslim girl, under the Special Marriage Act (SMA) after being told that the victim did not level any allegation against the accused and said that she wants to live with the accused.
The accused and victim both told the High Court that they had already got married and the father of the victim, the complainant in the case, and her other members were not accepting the interfaith marriage.
No proof has been shown to the court about their marriage, High Court noted
Justice Rajesh Singh Chauhan, while ordering the man be released on four-month interim bail, noted that no proof has been shown to the court about their marriage and directed the man to file an appropriate application for getting custody of the victim soon after his release from jail and take necessary steps to get married with the victim under the Special Marriages Act after getting custody of the victim.
Take necessary steps to get married with victim under Special Marriages Act: High Court
“After getting custody of the prosecutrix, he (accused) shall take necessary steps to get married with the prosecutrix (victim) under Special Marriages Act and after getting married under such provision of law, he shall get the marriage registered before the registering authority,” the High Court said and added, “On the next date, the applicant along with the prosecutrix shall appear in person along with the proof of marriage and marriage registration certificate.”
Family members of victim not permitting her to live with him due to religion issue: Accused
The counsel representing the accused had told the High Court during the last hearing that the victim had got married with the accused, however, she is presently living in a shelter home in Lucknow. The counsel had further stated that the accused is willing to live with her, however, the family members of the victim is not permitting her to live her with him due to the issue of religion.
The High Court had during the last hearing had directed the victim and her father to appear before it and pursuant to the order, they were present before the court.
Have already got married with accused in a Hindu temple as per Hindu ritual: Victim
The victim told the High Court that she has already got married with the accused in a Hindu temple as per Hindu ritual and they have also got married in a court and that since she has married with a Hindu person, therefore, her father and other family members have not accepted that marriage. She asserted before the court that she is a major and, therefore, she can take any decision in respect of her life and she is willing to live with the accused.
Have nothing to say as I have broken all his relation with my daughter: Victim’s father
The father of the victim told the High Court that if his daughter is saying that she has already got married with the present applicant and she is willing to live with him, he has nothing to say as he has broken all his relation with her.
Valid marriage can be done under Special Marriage Act as there is no provision of conversion in Hindu religion: State
The counsel representing the State said that this is a case where the applicant is a Hindu by religion and prosecutrix is Muslim by religion, therefore, their valid marriage can be done under Special Marriage Act inasmuch as there is no provision of conversion in the Hindu religion. However, if she has got married in one temple and willing to live with the present applicant, she may do so, if she has already attained the marriageable age, the counsel added.
“Having heard the learned counsel for the parties and having perused the material available on record and also hearing the parties who are present in person, it appears that so as to protect the life of the prosecutrix for future, the applicant may marry with the prosecutrix under Special Marriage Act, for that he may be granted interim bail for the period of four months,” the High Court said while granting interim bail to the accused till April 2, 2025 with imposing certain conditions.
