October 20, 2018:

Kerala High Court has came in to the rescue a Lesbian Couple by supporting their choice to live together, while reiterating that 'subjective morals' cannot supersede Constitutional freedoms guaranteed to adult citizens.

Bench comprising of Justice CK Abdul Rehim & Justice R Narayana Pisharadi passed the order in a Habeas Corpus petiton against the forced detention of a 23-year-old woman by her parents on coming to know her plans to live with her partner.

After the registration of complaint last August, a Magistrate Court eventually ordered the release of detenue-woman. Her parents however, then took her to a Mental Hospital, which refused to set her free without the Court's order.

Her partner thus at last approached the High Court seeking issuance of Habeas Corpus writ to set the detenue free.

The Court was informed that even when the petitioner visited the detenue at the mental hospital, she had expressed her wish to go with the petitioner.

High Court did not take long to decide the things in favour of the petitioner.

It sharply pointed out that same-sex relationships are now Constitutionally protected after the Navtej Johar Judgment.

Bench took the opportunity to emphasis that a person’s liberty cannot be curtailed on attaining the age of majority.

It cited as example the case of Soni Gerry v/s Gerry Douglas, wherein it was observed that on attaining the age of majority, a person is entitled to make his/her choice.

It had also been observed that the Courts cannot assume the role of parents patricia as long as the choice remains.

With specific reference to choosing a live-in relationship, it was noted that the Supreme Court has already held that persons are not prohibited from opting for such relationships, even if they are not competent to enter into a wedlock.

Ultimately, the Hadiya case was cited to emphasis that the Court’s only role in such matters is to ensure that the individual choice of the adult citizen is respected.

Court thus allowed the Habeas Corpus petition & allowed the detenue to go with the petitioner, as she wished.

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