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    A victory for LGBTQ+ rights: After HRLN intervention, Kerala HC lets lesbian couple live together

    Date : 28/09/2018

    Sreeja S vs the Commissioner of Police & ors

    WP(C) 372/2018

    The petitioner in the case was 40-year-old Sreeja S who filed a habeas corpus petition in the Kerala High Court seeking the release of her life partner, Aruna, who she stated was under illegal detention of her parents.

    According to the petition, after Aruna told her parents that she was leaving home to go and live with Sreeja, her mother (petitioner 4) filed a missing persons FIR. Following this, she was produced before a Magistrate’s court which set her at liberty.

    However, when she was leaving the court, she was manhandled and forcibly carried away by her parents and their henchmen. She managed to keep communicating with the Sreeja through SMSs, because of which Sreeja found out that she had been admitted in a psychiatric hospital. Hence, the petition told the court that Aruna could be facing a threat to her life as she had been mentally and physically tortured.

    The petition also drew the court’s attention to the recent Supreme Court decision in Navtej Singh Johan & Ors v Union of India (WP(Crl) 76/2016), arguing that Aruna and Sreeja were entitled to living together as life partners. It therefore prayed that the High Court issue a writ of habeas corpus directing Aruna’s parents to set her at liberty.

    Following Sreeja’s petition, Aruna was produced before the High Court on September 24. She then told the court that she wished to live with Sreeja, leading the court to rule in their favour. We will upload the order very soon. 

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