HC allows lesbian woman detained by her family to go with her partner

HOLDING that the concept of chosen family is now well-settled and acknowledged in LGBTQIA+ jurisprudence, the Madras High Court has allowed a 25-year-old lesbian woman, who was detained by her family against her will, to go with her female partner as she is entitled to do the same as per her will.

- R SIVAKUMAR @ Chennai

A division bench of justices G R Swaminathan and V Lakshminarayanan passed the orders recently on a habeas corpus petition (HCP) filed by the woman's partner, hailing from Tirupattur district, praying for an order to liberate the woman from being illegally detained by her parents at Gudiyatham in Vellore district.

It said the Supreme Court's order in the Supriyo @ Supriya Chakraborty Vs Union of India case may not have legalised marriage between same sex couples but they can very well form a family.

"WE have come to the conclusion that the detenue is entitled to go with the petitioner (female partner) and that she cannot be detained against her will by her family members," the bench said.

It restrained the woman's natal family members from "interfering with her personal liberty". It also issued a "writ of continuing mandamus" to the jurisdictional police to provide adequate protection to the woman and her partner as and when required.