Mohd. Aftab v. State & Ors.
Case brief
What is this about?
A writ petition was filed seeking release of a girl, Ms. Sana, allegedly detained by her family after a disputed marriage. The girl, who is Class 12th pass, appeared before the court, denied the marriage, and claimed she gave documents for a job offer. The court dismissed the petition. It was informed by her own appearance and preference.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 87/2019 and CRL.M.A. 621/2019
MOHD. AFTAB ..... Petitioner Through: Mr. M. Rais Farooqui, Mr. S. Akhlaq Husain and Mr. Arif Ali Khan, Advocates.
versus
STATE & ORS. ..... Respondents Through: Mr. Rahul Mehra, St. Counsel (Crl.) with Mr. Chaitanya Gosain, Advocate and Ms. Sana with her father, respondent No.3.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 14.01.2019
- The present petition has been filed by the petitioner praying inter alia for issuing directions to the respondents No.1 and 2/State to produce his wife, Ms. Sana who has allegedly been unlawfully detained by her father, respondent No.3 and her relatives, respondents No.4 to 7.
- It is stated in the petition that Ms. Sana had of her own free will solemnised her marriage with the petitioner by signing a Nikahnama at his residence on 18.12.2018, whose first marriage is with Ms. Tabassum, Sana’s cousin sister (maternal aunt’s daughter). On the next day, respondent No.3 and Sana’s relatives had requested the petitioner for permission to take her back to her parental home for completing certain customs and traditions and W.P.(CRL) 87/2019 Page 1 of 2
Issues for consideration
3 issues framed by the court
Whether directions are required to be issued for the release of a minor or educated minor girl who denies the marriage and the petitioner sought legal recourse.
Whether the petitioner can claim legal custody based on a marriage certificate where the girl executed it under false pretenses of job and education.
Whether the present petition requires substantive adjudication when the respondent girl has voluntarily appeared and expressed disinclination to join the petitioner.
Parties & counsel
- petitioner
MOHD. AFTAB
- respondent
STATE
- respondent
Sana
- respondent
Respondent No.3 (Father of Sana)
Coram
Case details
As recorded by the court registry
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