Kerala High Court Reunites Lesbian Couple Forcibly Separated By Parents

The Kerala High Court on Tuesday came to the rescue of a lesbian couple by reuniting them after they were forcibly separated by their parents and family members.  

A Division Bench of Justice K Vinod Chandran and Justice C Jayachandran allowed the habeas corpus plea moved by Adhila after her partner, Fathima Noora was taken away by her parents. 

"We were of the opinion that the petitioner and the daughter of respondents 4 & 5 should be left to live their lives as per their informed choice. We direct that the couple, as per their wish, be taken back to the Safe Home now. They intend to join the employment as offered in Ext.P3 series. We find no reason to hold them back."

Meanwhile, the Circle Inspector of Police Sunil V.R, Binanipuram Police Station, informed the Court that their parents were now reconciled to what the children desire and had produced consent letters issued by the respective parents. 

The bench reunited the couple after hearing Fathima. The proceeding was reportedly held in camera and no one other than the couple was allowed to be present in the court hall.

The women have been in a relationship for over four years. They came out to their respective parents a few weeks ago, but both the families objected to the relationship. It is reported that the family members were often verbally and physically abusive towards the couple, coercing them to end the relationship.

When they could no longer tolerate the abuse meted out by their families, the couple took refuge at Vanaja Collective, an NGO that works for the welfare of LGBTQ+ and other marginalised groups.

Adhila had uploaded a video on Facebook after her partner was once again separated from her recently and this had gone viral. Fathima was allegedly isolated at her parents' house and not allowed to contact Adhila.

From the single phone call between the couple, it is reported that Fathima indicated being subjected to illegal conversion therapy. Therefore, Adhila lodged a complaint with the police and later filed a Habeas Corpus petition at the High Court, through Advocate Aneesh KR.

During the previous hearing of the case, the Court had directed the respondents to ensure Fathima's personal appearance today. When the case was taken up today, Fathima appeared in person and expressed her desire to go with Adhila. The Court then allowed the same and passed an order to that effect.

Case Title: Adhila v Commissioner of Police & Ors.

Citation: 2022 LiveLaw (Ker) 251

Click Here To Read/Download The Order