The Delhi High Court Upholds Lesbian Couple’s Right to Stay Together Despite Family Objections
In a recent ruling, the Delhi High Court has permitted a lesbian couple to continue residing together, despite opposition from one partner’s family.
A division bench comprising Justices Suresh Kumar Kait and Neena Bansal Krishna emphasized that the woman (whose family had raised objections) is a 22-year-old adult.
The Court had previously mandated counseling for her parents, but it was revealed that they struggled to accept homosexuality despite being informed about it.
As a result, the Court dismissed the parents’ objections, asserting that the woman cannot be compelled to reside anywhere against her will. She has the right to live with whomever she chooses and wherever she desires.
The Court underscored that the couple is free to lead their lives in society according to their preferences.
“The petitioner and the survivor are at liberty to live their lives in society as per their own style… We hereby make it clear that the parents, relatives, and their associates shall not exert any form of threat or undue pressure upon the petitioner and the survivor,” the Court decreed.
The case was brought before the Bench through a habeas corpus plea filed by one of the partners, who claimed her partner had been taken away by her parents. It was alleged that her family disapproved of their relationship.
In an order dated August 22, the High Court had mandated counseling for the woman’s parents to help them accept their daughter’s choices. The Court had also ordered counseling for the woman herself.
On August 29, the woman’s family informed the Court that she had been influenced by her partner, and while they attempted to educate themselves about homosexuality, they still found it challenging to accept.
The woman, however, made it clear that she did not wish to return to her family and preferred to remain with her partner.
Consequently, the Bench ruled that the couple could reside together at the location where the petitioner was currently staying. The local Station House Officer (SHO) was instructed to provide them with the contact details of the woman sub-inspector and beat constable.
Advocates Amritananda Chakravorty, Mihir Samson, Asawari Sodhi, Vaishnavi Prasad, and Pradip K Singh represented the petitioner.
The Delhi Police was represented by Additional Standing Counsel (Criminal) Sanjay Lao, along with advocates Abhinav Kumar Arya and Priyam Agarwal.
Please note: The names of the individuals involved have been withheld to safeguard their privacy.
