"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions.

The division bench of Justice R. Raghunandan Rao and Justice Maheshwara Kuncheam in its order said, “In view of the fact that the detenue is a major and is free to make her own decisions about her life, neither the parents nor the other family members can restrain her from taking a decision in regard to her life. In the circumstances, this writ petition is allowed and it would be open to the detenue to go with the petitioner or take any such decision as she wishes.”

The petitioner had approached the High Court contending that her partner was forcibly taken away by her family members and some other persons after the alleged detenue had filed a complaint against her parents. The petitioner claimed that her partner was not given the liberty to decide for herself as to who she wanted to stay with and that her parents were forcibly keeping her from joining the petitioner.

On December 9 the high court had directed the production of the detenue. When the matter was taken up December 17 the high court after interacting with the detenue in chambers in its order said,

"The detenue has categorically stated that she wishes to go with the petitioner and that she has no desire to prosecute any criminal case and complaint against her parents or any member of her family. She has also made it clear that she does not wish to press the complaint, which she has filed on 30.09.2024 before the Commissioner of Police, Vijayawada".

The bench while allowing the plea directed the concerned SHO to escort the detenue "safely" to the petitioner's house.

"Needless to say no criminal action shall be taken against the parents of the detenue or the family members of the detenue in relation to any action that is alleged against them in relation to this case, till today," the court added.

WP 28297 of 2024

Counsel for petitioner: Jada Sravan Kumar

Counsel for respondent: Venkat Chalasani and The AG, State of AP

Click Here To Read/Download Order