A ruling passed by the Delhi High Court states that an infant's custody will be given to the biological father, who is facing rape charges currently. In the observations made by Justice Mukta Gupta, the baby boy is not permitted to live with his mother, the rape survivor. The rape accused's parents were present in the court and promised to take care of the child.
The judge 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." Further, the mother is lodged in a shelter home until she attains maturity, after which she can live anywhere she pleases.
How It All Unfolded?
According to ANI, the victim in question is a Class 9 student. A First Information Report (FIR) was filed after she went missing on March 25, 2021. She was found a month later, on April 15. After a medical examination, it was revealed that she was five months pregnant. The baby was born in August and the girl's parents lodged a complaint against the biological father, claiming that he kidnapped and raped her.
However, NDTV reports that the girl's statement to the police stated otherwise. She said that she had a tiff with her sister-in-law because of which she left home without informing anyone. She further added that she had no idea how she became pregnant. In the High Court, she revealed that her relationship with the man was consensual as she married him willingly. She did not want to live with her parents as they did not approve of the alliance.
Earlier surrendering to the police, the accused was given bail on September 28 due to the baby's custody being the bone of contention. Therefore, the court passed this judgment looking at the 'well-being' of the child and did not want him to languish with his mother who is at the shelter home.