High Court Upholds Lesbian Couple’s Right To Live Together, Parents Told Not To ‘Interfere’

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A bench led by Justices R Raghunandan Rao and K Maheswara Rao was hearing a habeas corpus petition filed by Kavitha (name changed), one of the women, who claimed her partner Lalitha (name changed) was detained by her father against her will and held at his residence in Narsipatnam.

Andhra Pradesh: The Andhra Pradesh High Court has affirmed the right of a lesbian couple to live together, supporting their freedom to choose their partners.

A bench led by Justices R Raghunandan Rao and K Maheswara Rao was hearing a habeas corpus petition filed by Kavitha (name changed), one of the women, who claimed her partner Lalitha (name changed) was detained by her father against her will and held at his residence in Narsipatnam.

On Tuesday, the Court ordered Lalitha’s parents not to interfere with the couple’s relationship, emphasizing that their daughter is an adult and has the right to make her own decisions.

The High Court was hearing a habeas corpus petition filed by a 25-year-old woman, who claimed that her 27-year-old partner was being illegally detained by her parents. After considering the arguments from both the petitioner and the alleged detainee, the court affirmed the couple’s right to live together. The petitioner, from Krishna Lanka in Vijayawada, argued that her live-in partner had been unlawfully detained by her parents.

She explained to the court that they had been in a live-in relationship for over a year and wished to publicly acknowledge their sexuality as lesbians. She also mentioned that her partner worked at a hospital where her mother was employed and frequently visited their home. As their relationship deepened, they decided to live separately. The petitioner claimed her partner’s father forcibly took her away and detained her against her will.

The couple’s desire to live together was presented to the court. Jada Sravan Kumar, representing the petitioner, cited three Supreme Court rulings affirming that the relationship between two consenting adults is their personal right under the Constitution.

He argued that if both individuals voluntarily choose to live together, their right should not be restricted. In response, the HC bench, consisting of Justices R. Raghunandan Rao and K. Maheswara Rao, issued notices to the woman’s father, but since these were returned undelivered, the court ordered the police to bring her before them.

On Tuesday, the Krishna Lanka police produced the woman before the High Court. The bench spoke with the couple and recorded their statements, with both expressing their wish to live together. The court specifically noted that no criminal action should be taken against the woman’s father or family members, as the woman indicated that she did not wish to pursue her complaint if permitted to live with her partner.

She also mentioned filing a missing person’s report, which led to her being located in Narsipatnam. The police had temporarily placed her partner in a welfare home in Pendurti for 15 days, but she was later returned to her father’s custody and confined against her will.

In September, Lalitha filed a complaint against her father, accusing him of harassment over the relationship and other matters.

After the police’s intervention, Lalitha returned to Vijayawada, resumed her work, and continued meeting her partner. However, her father forcibly took her away once again, keeping her in his custody without her consent, according to Kavitha’s habeas corpus petition.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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