Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

The Kerala High Court on Monday closed the habeas corpus petition filed by a 21 year old woman seeking the release of her lesbian partner from the custody of her family.

The Division Bench comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen closed the petition on taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to go with her parents. 

The petitioner had averred in her plea that both herself and her partner, who belong to Muslim families had been friends since early school days, and had fallen in love with each other by Class 12. It was submitted that they had been residing together for a while. She stated that a lower court had permitted the two women to live together, and added that the parents and brother of the detenu had, on May 30, 2023, forcefully taken her away.

It was submitted that the police had not taken any measures in spite of her complaint. When the matter was taken up by another Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha on June 6, 2023, the Court had directed the police to produce the petitioner's partner before the Court on June 19.

Accordingly, when the matter was taken up today, the Court asked the detenu as to whether she was in any form of detention. In response to the same, the detenu informed the Court that while she had been living with the petitioner for sometime, she did not wish to continue the same, and that she was now residing with her parents on her own volition.

The detenu further sought the Court to direct the petitioner to return her Aadhaar Card and other documents that was with the latter, and the same was accordingly handed over to the detenu in the Chambers. 

"In the light of the statement made by (the detenu) before us, and the developments narrated above, we deem it appropriate to close the writ petition (Crl)," the Court ordered. 

The petitioner in this case was represented by Advocates Aneesh K.R. and Saurav B. Advocates Babu Karukapadath, Vaisakhi V., M.A. Vaheeda Babu, P.U. Vinod Kumar, Arya Raghunath, T.M. Muhammed Musthaq, Ajwin P. Lalson, Karukapadath Wazim Babu, P. Lakshmi, Aysha E.M., Shifana Kaise, and Public Prosecutor E.C. Bineesh appeared on behalf of the respondents. 

Case Title: Sumayya Sherin v. Director General of Police & Ors. 

Citation: 2023 LiveLaw (Ker) 276

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