The Delhi High Court on August 29 made it possible for a lesbian couple to continue living together by disregarding the objections raised by the family of one of the partners.
A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna ruled that the woman, whose parents raised objections over the relationship between two girls is an adult of 22 years.
The Court had previously ordered counseling for both of her parents, but the Court was told that after reading about homosexuality, the parents found it hard to accept the relationship involving two women.
As a result, the Court disregarded the parents’ objections and held that the woman cannot be forced to go anywhere against her will and that she may reside with anyone she wants and wherever she wants.
The Court also stated that the two of them can spend their life in society as they see fit.
“The petitioner and survivor are at liberty to live their lives in the society as per their own style…We hereby make it clear that the parents, relatives, and their associates shall not extend any threat in whatsoever manner directly or indirectly or undue pressure upon the petitioner as well as survivor,” the Court ordered.
The Court was hearing a habeas corpus petition filed by the spouse of a woman who was reportedly taken away by her parents. Her family was said to have problems with her relationship with a woman.
The High Court, in a decision issued on August 22, ordered counseling for the parents of the woman in order to make them accept her “as per her wishes.” The woman had also been ordered to attend counseling by the Court.
When the case was heard in court on August 29, the woman’s family claimed that her lover had brainwashed her and that they tried reading about homosexuality but found it difficult to accept.
Meanwhile, the woman confirmed that she wanted to stay with her partner and did not want to return to her family.
As a result, the Bench ruled that the couple be allowed to live together at the petitioner’s residence and told the local Station House Officer (SHO) to share the contact information of the lady sub-inspector and beat constable with them.
A similar case was reported from Kerala’s Malappuram district where a lesbian woman reunited with her partner after she was kept apart by the latter’s family. The partner of the woman was taken away by her family who did not approve of their relationship. However, the duo were united after they sought help from the Malappuram Women’s Police Station.
The petitioner in the current case was represented by attorneys Amritananda Chakravorty, Mihir Samson, Asawari Sodhi, Vaishnavi Prasad, and Pradip K Singh. Meanwhile, Sanjay Lao, Additional Standing Counsel (Criminal), and attorneys Abhinav Kumar Arya and Priyam Agarwal represented Delhi Police.
