In a recent hearing, the Supreme Court has stayed the proceedings in a rape case filed by a wife against her husband, who sought to quash the charges. The husband, represented by his advocate, contended that both he and the complainant are doctors and had eloped to get married voluntarily, evidenced by a valid nikahnama.
During the hearing, the husband’s advocate argued that the complainant had willingly married the petitioner but later refused to accompany him to Afghanistan, where he was assigned to work. The advocate claimed that the rape charges were a result of pressure from the wife’s family.
"One fine day, the complainant had on her own will eloped with the petitioner and a valid nikah took place between them. We have the valid nikahnama," stated the advocate. He further explained that the petitioner wanted to take his wife with him to Afghanistan for his duty, but she refused.
Justice Pardiwala, interjecting with a smile, remarked, "Naturally, who would want to go to Afghanistan?"
The husband’s advocate sought interim relief from arrest, citing the family's influence as the reason behind the false rape charges. "Now, because of her family pressure, I am facing rape charges. I want interim relief of no arrest," he pleaded.
Justice Pardiwala humorously noted that the petitioner already had relief as he was in Afghanistan. "You already have the relief when your client is in Afghanistan. Who will go to Afghanistan to arrest you? Neither police will go," he remarked. The Supreme Court decided to stay the proceedings in the FIR against the husband.