Summary of Legal Opinion

Factual and Procedural Background

The petitioner, Smt. Payal Sharma alias Kamla Sharma, appeared before the court and stated that she is about 21 years of age. She produced a High School certificate showing her date of birth as 10-7-1980. The petitioner expressed that she wishes to go and live with someone and also stated that her life is in danger. The court considered these statements and the documentary evidence and proceeded to dispose of the petition.

Legal Issues Presented

1. Whether the petitioner is a major on the basis of the High School certificate produced (date of birth 10-7-1980).
2. Whether a major woman has the right to go anywhere and live with anyone, including living with a man without marriage.
3. Whether the petitioner should be set at liberty in view of her age and statements about danger to her life.
4. Whether the police should be directed to ensure the petitioner's security.

Arguments of the Parties

Petitioner's Arguments

• She is about 21 years old, as borne out by her High School certificate which shows her date of birth as 10-7-1980.
• Being a major, she has the right to go anywhere and live with anyone she chooses.
• Her life is in danger and requires protection.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court accepted the High School certificate as evidence of the petitioner's age and concluded she is a major. The court observed a legal principle distinguishing law from morality, stating that while cohabitation without marriage "may be regarded immoral by society" it is "not illegal." Applying these conclusions to the facts before it, the court determined that because the petitioner is an adult she has the legal right to go anywhere and live with anyone, and that she should therefore be set at liberty. The court also took the petitioner's statement that her life is in danger into account and directed the police to ensure her security. The court ordered issuance of a certified copy of the order to the petitioner's counsel on payment of usual charges.

Holding and Implications

PETITION ALLOWED

Direct effects on the parties:

• The petitioner is directed to be set at liberty and may go anywhere and live with anyone as she desires.
• The police are directed to ensure the petitioner's security in view of her statement that her life is in danger.
• A certified copy of the order is to be provided to the petitioner's counsel on payment of the usual charges.

The opinion records the court's view that living together without marriage, though possibly immoral to some, is not illegal. The opinion does not indicate that it establishes a broader binding precedent beyond the decision rendered in this case.