(1) PETITIONER Smt. Payal Sharma alias Kamla Sharma appeared before us and stated that she is about 21 years of age which is borne out from the High School certificate which shows that her date of birth is 10-7-1980. Hence she is a major and she has the right to go anywhere and live with anyone. In our opinion, a man and a woman, even without getting married can live together if they wish. This may be regarded immoral by society but it is not illegal. There is a difference between law and morality.
(2) SINCE the petitioner is a major, we direct that she be set at liberty and she can go anywhere and can live with anyone as she desires. Petitioner further states that her life is in danger. The police will ensure her security. The petition is allowed.
(3) THE certified copy of this order shall be given to the learned counsel for the petitioner on payment of usual charges today. Petition allowed.
Payal Sharma v. Superintendent, Nari Niketan Kalindri Vihar, Agra
Payal Sharma v. Superintendent, Nari Niketan Kalindri Vihar, Agra
(High Court Of Judicature At Allahabad)
Civil Miscellaneous Habeas Corpus Writ Petition Appeal No. 16876 Of 2001 | 17-05-2001
Advocate List
Bench
- HON'BLE JUSTICE MR. M. KATJU
- HON'BLE JUSTICE MR. R.B. MISRA
Eq Citations
- 2001 3 AWC 1778 ALL
- AIR 2001 ALL 254
- 2001 (44) ALR 146
- LQ/AllHC/2001/513
Head Note
Hindu Marriage Act, 1955 ? Section 5 - Constitution of India Article 19, Article 21 - Comparative Citations: 2001 AIR(ALL) 254, 2001 (44) ALLLR 146, 2001 (2) ALLCJ 964, 2001 (2) LBESR 577
