‘Family Cannot Restrain Major Woman From Cohabiting With Same-Sex Partner’: Andhra Pradesh HC – News18

Last Updated:December 25, 2024, 00:39 IST

The court was hearing a habeas corpus plea filed by a woman, claiming that her same-sex partner had been forcibly taken away by her parents and other individuals after the detainee filed a complaint against her family on September 30, 2024

The Andhra Pradesh High Court, ensuring that societal or familial pressures do not hinder constitutional rights, held that a woman who has attained majority cannot be restricted by her family members from cohabitation with her same-sex partner.

A division bench of Justice R Raghunandan Rao and Justice Maheshwara Kuncheam reaffirmed that an adult woman is free to make her own decisions, including the choice to live with a same-sex partner.

The court was hearing a habeas corpus plea, filed by the petitioner, claiming that her same-sex partner had been forcibly taken away by her parents and other individuals after the detainee filed a complaint against her family on September 30, 2024. The petitioner, represented by advocate Jada Sravan Kumar, alleged that the detainee’s family was unlawfully holding her and preventing her from deciding where and with whom she wished to stay.

The court, on December 9, 2024, directed the respondents to produce the detainee before it. During the hearing on December 17, she was brought before the court. The bench interacted with her in chambers, where she categorically stated her desire to go with the petitioner and her intention not to pursue any criminal complaints against her family.

The court ruled: “In view of the fact that the detenu 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.”

Acknowledging her autonomy, the court allowed the habeas corpus petition and directed the local SHO to escort the detainee safely to the petitioner’s residence.

Additionally, the court ordered: “No criminal action shall be taken against the parents of the detenu or the family members of the detenu in relation to any action that is alleged against them in relation to this case, till today.”