Andhra Pradesh HC upholds lesbian couple’s right to cohabit

VIJAYAWADA: Andhra Pradesh high court on Tuesday upheld the freedom of a lesbian couple and directed their parents to not interfere with their lives. Observing that the petitioner and her partner are adults and are at liberty to live their life according to their will, the court said their parents should not interfere with the couple's choice. The court also directed the police to ensure necessary protection to the couple if needed.
The high court was dealing with a habeas corpus petition moved by a 25-year-old woman, contending that her 27-year-old woman partner was illegally detained by her parents. After recording the submissions of the petitioner and the alleged detainee, the court upheld their freedom as a couple. The petitioner, a native of Krishna Lanka area in Vijayawada city, moved the high court contending that her live-in partner was illegally detained by her parents.
She told the court that she and her partner were in a live-in relationship for more than a year and wanted to recognise their sexuality as lesbians. She further stated that her partner used to work at a hospital where her mother also worked and used to visit her home regularly. Over a period, their relationship grew stronger. As they wanted to take it to the next level, they started living separately. She alleged that her partner's father forcibly took her away against her will and detained her illegally.
She said she lodged a missing complaint with the police, and they traced her to Narsipatnam. She said police shifted her partner to a welfare home at Pendurti for 15 days, but she was again taken back by her father and has been illegally confined to her home.
Want to live together, couple told HC
Arguing on behalf of the petitioner, Jada Sravan Kumar cited three judgments of the Supreme Court in which it was held that a relationship between two individuals after they become adults is their personal freedom guaranteed by the Constitution. He argued that if two adults consciously made a decision to live together, their right cannot be curtailed. Considering the submissions of the petitioner, the HC bench comprising Justices R Raghunandan Rao and K Maheswara Rao earlier issued notices to the woman's father to respond to the petition. However, as the notices were returned, the court directed the police to produce her before them.
On Tuesday, Krishna Lanka police produced her before the high court. The bench interacted with the couple and recorded their submissions. Both stated that they wanted to live together. The high court made a specific observation that no criminal proceedings be initiated against the father and family members of the woman as she submitted that she does not want to pursue her complaint if allowed to live with her partner.