Ansil v. Asharaf
Case brief
What is this about?
The Court held that a major girl mother is unlawfully detained by her father and his men. The right to live freely and marry is affirmed. Detenue set at liberty; police protection directed for future.
What did the court decide?
Detenue set at liberty; right to live with petitioner affirmed; police aid directed against threats/obstructions.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 28TH DAY OF NOVEMBER 2019 / 7TH AGRAHAYANA, 1941
WP(Crl.).No.415 OF 2019
PETITIONER:
ANSIL,S/O.SIDDIQUE,AGED 29 YEARS, KAVANIPPARAMBIL HOUSE,VENGALLOOR KARA, KUMARAMANGALAM VILLAGE,THODUPUZHA TALUK, IDUKKI DISTRICT.
BY ADV. SRI.M.V.RAJENDRAN NAIR
RESPONDENTS:
1 ASHARAF,S/O.MOOZA,AGED ABOUT 45 YEARS, THAYYIL HOUSE,VENGALLOOR KARA, KUMARAMANGALAM VILLAGE,THODUPUZHA TALUK, IDUKKI DISTRICT, PIN-685 584.
Issues for consideration
3 issues framed by the court
Whether the major detenue is under unlawful detention and has the right to independent life and marriage.
Whether the father and authorities of a major girl have any right to obstruct her freedom of movement.
Whether the writ petitioner and detenue are entitled to police aid if threatened with obstruction.
Parties & counsel
- petitioner
Ansil S/o Siddique
- respondent
Ashraf S/o Mooza
- respondent
The Secretary, Tarbiyathul Benath
- respondent
Muhsina D/o Ashraf
- respondent
The Circle Inspector of Police, Kayamkulam Police Station
Case details
As recorded by the court registry
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