The Delhi High Court has granted interim bail to a young man booked under the POCSO Act, after the Delhi Police contended that his wife was a minor at the time of their consensual relationship prior to marriage, making her consent legally irrelevant.

Justice Arun Monga observed that this was an unusual matter where neither party could be termed a victim or a victimiser, nor was there even a formal complainant, yet the 24-year-old accused faced legal action.

“What makes the matter more remarkable is that the couple, following their consensual relationship, married under Islamic Law, with a valid marriage certificate issued by the Qazi on record, and have been blessed with a son,” the Court remarked.

The wife, now 20, stated before the Court that she and her infant son were “forcibly” held at a Child Welfare Centre, describing it as imprisonment without fault on her part.

Granting relief to the accused, the Court noted that he has been in custody since the FIR dated June 15, 2024. Observing that both husband and wife were deprived of liberty in a case where neither considered the other a victim, Justice Monga stated:

“Having heard the arguments at some length, I am of the view that the petitioner, present in Court, deserves to be released immediately on interim bail, pending the final decision of this Court, which is adjourned to 23.09.2025.”

The Court directed the police to ensure the presence of both husband and wife at the next hearing. Meanwhile, the accused is allowed to meet his wife and minor son for two hours daily at the Child Welfare Centre.

“This Court also appreciates the guidance provided by experts on Islamic Law, as noted in the order’s presence sheet, and places on record sincere appreciation for the valuable assistance of Amicus Curiae, Ms. Nandita Rao, Senior Advocate, in resolving the matter,” the Court added.