A minor girl has moved the Delhi High Court seeking cancellation of bail of her husband, who had allegedly sexually abused her and later married her to secure bail in the case lodged against him.
The petition has challenged the trial court’s December last year order which had declined to entertain her plea to cancel the bail of her husband on the ground that “the child victim can take an appropriate remedy with regard to her allegation as per matrimonial laws”.
The accused is facing trial under Protection of Children from Sexual Offences Act (POCSO), house trespass and hurting the girl while allegedly sexually abusing her.
As per the petition, the accused had sexually assaulted the victim, who was then 15-year-old, on various occasion since March 2014 till August 2014.
On her complaint the boy was arrested and granted interim bail on September 15, 2014 to marry the girl. Later He was granted regular bail on September 27, 2014.
The couple got married on getting interim bail, but she was turned out of her matrimonial house, after her testimony in the case was recorded in April 2015 in his favour.
She, in her plea filed through advocate A P Singh, alleged that after securing bail, the accused and his family members started harassing her “physical and mentally” and demanded dowry.
The girl’s mother in her petition also alleged that she and her family members were threatened by the accused that if they do not withdraw the case, they will face “consequences”.
“The trial court judge has endorsed the marriage of minor child victim, which is not valid under law,” the plea said, adding that the “trial court’s order should be set aside”.
The plea said the girl has “no intention to compromise in the case with the accused as he made false assurance to the court to get regular bail.