The Kerala High Court has rejected a habeas corpus petition filed by a woman who claimed that she was forcibly separated from her lesbian partner by the partner’s parents.
A division bench of Justices PB Suresh Kumar and Shoba Annamma Eapen dismissed the petition based on the partner’s statement expressing her desire to go with her parents, despite acknowledging the relationship with the petitioner.
According to the petitioner, both she and her partner, belonging to orthodox Muslim families, were forcefully separated by their families after eloping on January 27. The families approached the police, resulting in a registered crime. However, a Judicial First Class Magistrate Court allowed the couple to leave together.
Later, in Ernakulam district, the petitioner’s partner was allegedly taken away forcefully by her parents on May 30, as claimed in the plea submitted before the High Court.
The petitioner alleged that despite approaching the police with multiple complaints, no action has been taken. She expressed concerns that her partner’s family might subject her to conversion therapy and force her to leave India.
The plea said, “The petitioner respectfully submits that the detenue is under the illegal detention of respondents 5to 7 and their henchmen. She is ready to come with the petitioner. She has been mentally and physically tortured and even admitted in the mental hospital alleging that she is mentally ill. The petitioner apprehends that the detenue will be subjected to conversion therapy and would be taken out from India against her will. The petitioner apprehends threat to the life of the detenue“.
The petitioner also accused the police of inaction due to political pressure.
On June 6, the Court ordered the police to produce the petitioner’s partner before the Court on June 19. During the hearing, the partner stated her desire to go with her parents, leading to the rejection of the plea.
Advocates Aneesh KR and Saurav B. represented the petitioner in the case.
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