Couple Be Left To Live Their Lives As Per Their Informed Choice: Kerala HC While Allowing Habeas Corpus Petition Of Lesbian Couple

"We were of the opinion that the petitioner and the daughter of respondents 4 & 5 should be left to live their lives as per their informed choice", the Kerala High Court held while allowing the Habeas Corpus Petition seeking release of the lesbian partner of the Petitioner.

The Petitioner Adhila Nasarin, a 22 year old, had approached the Kerala High Court seeking production her lesbian partner Fatima Noora.

The Bench of Justice K. Vinod Chandran and Justice C. Jayachandran noted in their Judgment of May 31 that was made available today, that it was contemplating initiating a suo moto proceeding on the issue, when the Advocate for Adhila moved the Petition.

"We had in fact taken notice of a newspaper report on 30.05.2022 and directed the Government Pleader to get instructions.A report of the Deputy Superintendent of Police, Aluva was placed before us wherein it has been stated that there is an FIR registered against the father of the petitioner and that the petitioner is now placed in a Safe Home. The report also indicates that the officer tried to talk to the alleged detenue over telephone and her mother had informed the Officer that the detenue went with them on her own free will. The report dated 30.05.2022 produced before us in chambers is marked as Ext.C1. We were not convinced about the claim made by the mother of the detenue and were contemplating a suo moto writ petition", the Court noted.

The Parents of Fathima were arrayed as Respondent Nos. 4 and 5 in the Petition. Adhila alleged that from the Safe Home where the couple were residing in, the family took them to the residence of a relative of Adhila. "The alleged detenue was forcefully removed from that house and the father of the petitioner, who also returned from abroad, is said to have assaulted the petitioner", the Court recorded in its Judgment.

The Petitioner Adhila then went to the Safe Home in Aluva, from where she filed the Petition before the High Court. Advocate Aneesh K. R. appeared for the Petitioner.

The Court took up the matter at 1.45 pm on Tuesday, when it was informed that the couple were present at Police Station along with their respective parents. The Government Pleader also informed the Court that the parents were amenable and the couple could be produced within an hour.

The Bench interacted with the couple and observed thus: "We first talked to the detenue who was very firm in her resolve to continue the relationship. On a query as to whether there was any illegal detention, the detenue categorically informed us that she has no complaint against her parents; but she wished to go with the petitioner. We also called the petitioner to the chambers and she too expressed her resolve to continue the relationship".

Adhila had produced along with her Petition, offer letters received by her and Fathima from a company in Chennai offering them employment.

The Court noted that both of them are adults and graduates who have obtained an employment. Circle Inspector of Police informed the Court that parents are now reconciled to what the children desire and produced consent letters issued by the respective parents.

The Court allowed the Writ Petition while holding, "We direct that the couple, as per their wish, be taken back to the Safe Home now. They intend to join the employment as offered in Ext.P3 series. We find no reason to hold them back".

Click here to read/download Judgment