The Division Bench of the Kerala High Court, comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen in the case of Sumayya Sherin v. Director General of Police & Ors has closed the habeas corpus plea filed by the petitioner against her lesbian partner who was detained by her parents.
Facts of the Case
The petitioner informed the Court that she is a lesbian owing to her sexual orientation and ‘X’ is also a lesbian. They were residing together for a while. The parents and brother of ‘X’ entered the mobile shop where the petitioner and ‘X’ were working and forcefully took her to their house. Aggrieved by which, the petitioner filed habeas corpus plea against the illegal detention of the ‘X’.
Reasoning and decision of the Court
The Court in its earlier order had ordered to produce the corpus in the Court. In pursuant to the direction issued by this Court, ‘X’ was produced before the Court. The Court made interactions with ‘X’ and observed that she was living with the petitioner for sometime, she does not now wish to continue to live with the petitioner and that she is residing with her parents on her own volition.
During further interaction with the petitioner, the Court expounded that X has submitted before us that she does not wish to continue to live with the petitioner and few documents of X, which were with the petitioner was returned to X in presence of the Court.
The Court also ascertained from ‘X’ that whether she would like to talk to the petitioner, she stated that she does not wish to talk with the petitioner.
Therefore, considering all the facts of the case, The Court held that “In the light of the statement made by X before us, and the developments narrated above, we deem it appropriate to close the writ petition”
Case Details
Case:- WP(CRL.) NO. 555 OF 2023
Petitioner:- Sumayya Sherin
Respondent:- Director General of Police & Ors
Judge: Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen
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