Keywords- Lesbian couple, Complaint, Police Station, Family. Habeas Corpus is Latin and translates literally to mean “have the body” and is used to direct the presence of a person before the court. It is usually used as a mean to challenge illegal detainment or confinement of a person by the government or another person.
In this case this habeas corpus petition was filed by a woman saying that she is a lesbian owning to her sexual orientation and she was residing together with her partner for a while. She said that she herself and her partner had been friends since early school and had fallen in love with each other by class 12th. She also informed the court that a Judicial first class Magistrate Court had permitted the two women to live together.
However, on the 30th of May 2023 the family of the partner particularly her brother and parents had forcefully taken her away to their house from the mobile shop where both of them worked. It was also submitted that the Police had not taken any measures inspite of her complaint.
She had alleged that her partner was under the illegal detention of her family and she approached the Kerala High Court with this petition then on June 6th the Kerala High Court directed the Police to produce the petitioner’s partner before the court on this Monday the 19th of June. Accordingly a two judge bench of Justice PB Suresh Kumar and Justice Shobha Annamma Eapen took up the matter on the 19th of June. During this hearing the petitioner’s partner was produced before the court and the petitioner was also present in the court the court talked to the petitioner and her partner separately.
The court then asked the petitioner’s partner if she was in any form of detention in response she said that she is now residing with her parents of her own volition and she did not wish to continue to live with her partner even though she had been living with her for some time . She then also told the court that the petitioner was in possession of some of her important documents such as aadhar card and requested the court to direct the petitioner to hand them over .
The petitioner agreed about her being in possession of these documents and told the court that she has brought them to the court today. She also expressed her willingness to return these documents to her. Further the court ascertained from her if she wish to talk to the petitioner and she stated that she does not wish to talk to the petitioner either .
The court then called both the parties to the chambers to enable the petitioner to hand over the documents the court then proceeded to close the petition by saying in the light of the statement made by the Detenu before the court and the development narrated above we adjudge it suitable to close the writ petition.
Written by – Drishti Pandey, College – S.S.Khanna Girls Degree College, University of Allahabad, Semester – 4th an intern under legal vidhiya
