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No rape case if nikah follows elopement, says Gujarat High Court

No rape case if nikah follows elopement, says Gujarat High Court

Ahmedabad: The Gujarat High Court has issued a verdict in the case of rape and abduction with Muslim girls. The court said if a Muslim girl elopes and gets married, there will not be any issuance of the rape case against the boy. According to the Shariah law, the marriage of the girl has been recognised before the age of 18 years, Court said.

Gujarat high court recently subdued abduction charges against Arif Afvan, a youth from Dhoraji, who had eloped with a 16-year-old girl, six years ago. The girl’s father had lodged an FIR against the boy under Sections 363 and 366 of the IPC for luring the girl out of her father’s legal custody. The couple had got married in 2011. The Qazi, who performed the nikah of the couple, had also issued a marriage certificate, reports TOI.

When both of them started living peacefully, then Afwan appealed to the High Court to remove the case of kidnapping that had taken place. His lawyer also kept the arguments of the Supreme Court in the High Court. In view of all the parties, the Gujarat High Court lifted the charge of kidnapping against Afwan.

Also, according to the Shariah, the girls get mature at the age of 15 and can get married.
Similarly, allegations of rape, abduction and violation of POSCO were lifted against 28-year-old Yunus Sheikh, who had married the 16-year-old Muslim girl.
However, the High Court had made it clear that the laws prohibiting child marriage can not be ignored and action should be taken against the responsible people.