Delhi High Court Gives Child's Custody To Rape Accused Father
The survivor was a class 9 student when she went missing on March 25, 2021, according to a report by ANI. Her kin filed a complaint with the police and was able to trace the girl on April 15, 2021. After running tests, it was found that the girl was five months pregnant.
The Delhi High Court ruled that the custody of a baby boy be handed over to his biological father who has been accused of raping a minor.
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The court observed that the boy cannot be permitted to stay in the woman shelter home along with the rape survivor, his mother. Justice Mukta Gupta who gave the ruling, said, "Considering the fact that the baby boy cannot be permitted to be languishing in the woman shelter home along with the prosecutrix, custody of the baby boy has been handed over to the petitioner, who is his biological father." The rape accused man's parents were also present in the court who said that they will take care of the child, as per reports.
Delhi HC Gives Custody Of Child To Rape Accused Father:
The rape survivor who is a minor will stay in the woman shelter home till the time she attains maturity or until any further orders are passed by the court, as per the court order. After that, the survivor can make the choice and stay wherever she wants. The survivor told the court that she is not willing to stay with her parents and would like to stay in the shelter home.
The survivor was a class 9 student when she went missing on March 25, 2021, according to a report by ANI. Her kin filed a complaint with the police and was able to trace the girl on April 15, 2021. After running tests, it was found that the girl was five months pregnant. The accused in the case reportedly surrendered before the police and later moved a bail petition in court. He was allowed the same on September 28. While granting him the bail, the court had expressed the major issue at hand is the baby boy's custody. The court pointed out that the girl's family does not agree to the relationship shared by the survivor and her alleged assaulter, also the petitioner in the case. They also said that the girl's family had tried to give away the child to the brother's friend in adoption. The girl and her family members have together denied the fact.
The court also noted that the survivor cannot live with the petitioner as she is a minor.
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