“Family cannot prevent an adult woman from cohabiting with a same-sex partner”: Andhra Pradesh HC

Latest update:25 Dec 2024 00:39 IST

The court was hearing a habeas corpus petition filed by a woman who alleged that her same-sex partner was forcibly removed by her parents and others after the detainee filed a complaint against her family on September 30, 2024.

The court granted the habeas corpus petition and ordered the local police to safely escort the detainee to the applicant’s residence. (Representative image/Getty)

The Andhra Pradesh High Courtensuring that social or familial pressures do not interfere with constitutional rights, held that a woman of legal age may not be restricted by her family members from cohabiting with her same-sex partner.

The court chamber consists of judge R. Raghunandana Rao and Justice Maheshwara Kunchem affirmed that an adult woman is free to make her own decisions, including choosing to live with a same-sex partner.

The court heard a habeas corpus petition filed by the applicant, who alleged that her same-sex partner was forcibly removed by her parents and others after the detainee filed a complaint against her family on 30 September 2024. represented by Jada’s lawyer Sravan Kumar, who claimed that the detainee’s family is illegally detaining her and preventing her from deciding where and with whom she wants to stay.

On December 9, 2024, the court ordered the defendants to deliver the detainee to it. During the session on December 17, she was brought to the court. The court spoke with her in chambers, where she categorically stated her desire to go with the plaintiff and her intention not to initiate any criminal proceedings against her family.

The court ruled: “Given that the girl is a major and free to make decisions about her life, neither her parents nor other family members can prevent her from making decisions about her life.”

Recognizing her autonomy, the court granted the petition for habeas corpus and ordered the local police officer to safely escort the detainee to the applicant’s place of residence.

In addition, the court ruled, “No criminal action will be taken against the child’s parents or family members for any actions alleged against them in connection with this case until today.”