Transgender Person Moves Bombay High Court Seeking Production Of Lover Allegedly Detained By Her Parents

Hearing the case, the Bench of Justice Shrikant D. Kulkarni and Justice V. K. Jadhav requested the A.P.P. to take specific instructions in the matter and call papers.

As per the case of the petitioner, the transgender person named Pooja Kumari @ Bunny Prajapati and a girl, also known by name Pooja had joined each others' company voluntarily and they are in love with each other.

However, a proceeding with regard to the missing girl and the present petitioner had been initiated in the court of Chief Judicial Magistrate, Kota (Rajasthan) by the parents of the missing girl Pooja.

The parents also lodged a missing report at Washi police station, District Osmanabad and thereafter, as per the Counsel of the petitioner, the missing girl was traced out and brought to Osmanabad in connection with the said missing report.

Thereafter, the Counsel submitted, the investigating officer, without there being any order of the Court, handed over the custody of the girl to the parents.

Against this backdrop, the counsel submitted that the missing girl was now is in the custody of her parents and that she was frequently messaging the petitioner, however, her parents are not allowing the missing girl to meet the petitioner.

It was also contended that the girl is major and she has been illegally detained by her parents and therefore, the habeas corpus plea sought her production before the court.

While requesting the APP to get instructions, the Court also granted time to the counsel for the petitioner to place before the Court, the Apex Court's ruling in the case of Navtej Singh Johar vs. Union of India, reported in (2018) 10 SCC 1, wherein the Supreme Court has considered the social status of a transgender person and also the "normal person", if residing with the transgender person, by consent.

The matter has been posted for further hearing on August 31.

In related news, the Madurai bench of the Madras High Court reunited a transman and his lover by directing the release of his 23-year-old lover, Revathi, from the unlawful custody of her father. The Court was adjudicating upon a habeas corpus petition moved by the petitioner transman alleging illegal detention and confinement of his lover Revathi and accordingly sought the Court's leave to set his lover at liberty.

A Bench comprising Justice V. Bharathidasan and Justice J. Nisha Banu opined that the relationship shared by the petitioner with his lover was 'both protected and permitted under the Constitution' and accordingly observed,

"Considering the fact that the detenue Revathi is a major and she is willing to go with the petitioner, on her own volition, we set the detenue at liberty and permitted her to go along with the petitioner"

Case title - Pooja Kumari @ Bunny Prajapati Versus The State Of Maharashtra And Others

Click Here To Download Order

Read Order