Payal Sharma alias Kamla Sharma vs. Superintendent, Nari Niketan, Agra and others (17.05.2001

MANU/UP/0288/2001

IN THE HIGH COURT OF ALLAHABAD

C.M. Habeas Corpus Writ Petition No. 16876 of 2001

Decided On: 17.05.2001

Appellants: Payal Sharma alias Kamla Sharma
Vs.
Respondent: Superintendent, Nari Niketan, Agra and others

Hon'ble Judges/Coram:
Markandey Katju and R.B. Mishra, JJ.

Counsels:
For Appellant/Petitioner/Plaintiff: R.C. Pal, Adv.

For Respondents/Defendant: A.G.A.

Subject: Constitution

Background :

Constitution - Right to live - Petition filed for praying for right to live any where and with anyone as she is major.

Issues :

Right to live.

Holding :

The Petitioner was a major, direct that to set at liberty and can go anywhere and can live with anyone as desired. Petitioner further states that her life was in danger. The police will ensure her security. Hence petition allowed.

Disposition:
Petition Allowed

JUDGMENT

Markandey Katju and R.B. Mishra, JJ.

1. Petitioner Smt. Payal Sharma @ 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 Jt 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 desired. 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.