Kerala High Court reunites Lesbian Couple forcibly separated by their parents

Kerala High Court reunites Lesbian Couple forcibly separated by their parents

A writ petition was filed by the petitioner, who was a lesbian, alleging illegal detention of her partner by her parents (Respondent 4 and Respondent 5).

Brief Facts

The petitioner was in the relationship with the daughter of respondent 4 and respondent 5. There relationship was opposed by the parents of the petitioner as well as respondent 4 and respondent 5. The petitioner and her partner decided to live as a couple and took shelter at a Safe Home. They informed about the same to their respective parents. Both of their respective parents promised settlement and took them from the Safe Home. As they reached at residence of a relative of petitioner, the father of petitioner assaulted her and her partner was forcefully removed from there by respondent 4 and respondent 5 and detained at her home. The petitioner again returned to Safe Home and filed the present writ petition.

Observation by the Court

  1. While considering the police report placed before court, the Hon’ble Court found that FIR was filed against the father of petitioner and petitioner was placed in the Safe Home.\
  2. Court also found that when the officer tried to talk to the respondent 5, she informed that her daughter went with them on her own will. The court was not convinced with the claim made by the respondent 5.
  3. The court directed to produce petitioner and her partner along with their respective parents. Court talked to petitioner and her partner, who expressed their opinions to continue their relationship.
  4. Court considered their choice and said that both the petitioner and her partner were adults and graduates, who have now obtained an employment.

Hence, the court concluded that the petitioner and her partner should left to lives as per their choices and allowed the writ petition.

Vaishali Jain, Advocate & Associate – POSH at Work & Riddhima Khanna

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