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IN THE HIGH COURT OF ALLAHABAD
M. KATJU, R. B. MISRA
PAYAL SHARMA - Appellant
Versus
SUPERINTENDENT, NARI NIKETAN KALINDRI VIHAR, AGRA - Respondents
C. M. H. C. W. P. 16876 Of 2001
Decided On : 05/17/2001
MORALITY - Right to Live - The court held that a man and a woman, even without getting married, can live together if they wish, as it is not illegal, despite being regarded as immoral by society. The court emphasized the difference between law and morality.
Fact of the Case:
The petitioner, a major, claimed her right to go anywhere and live with anyone, stating that her life was in danger.
Finding of the Court:
The court directed that the petitioner be set at liberty and can go anywhere and live with anyone as she desires, with police ensuring her security.
Issues: Claim of right to live with anyone, petitioner's safety concerns
Ratio Decidendi: Recognition of the right of a major to live with anyone and go anywhere, distinction between law and morality
Final Decision: Petition allowed, and certified copy of the order to be given to the petitioner's counsel
( 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.
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