Amaravati:The Andhra Pradesh High Court has upheld the right of a lesbian couple to live together, affirming their freedom to choose partners.
A bench comprising Justices R Raghunandan Rao and K Maheswara Rao was hearing a habeas corpus petition filed by Kavitha (name changed), one of the women, alleging that her partner Lalitha (name changed) was detained by her father against her will and kept her at his residence in Narsipatnam.
The Court on Tuesday further directed the parents of Lalitha not to interfere with the relationship of the couple, asserting that their daughter is a major and can make her own decisions. The couple has been "living together" for the past year in Vijayawada.
Based on a missing complaint by Kavitha earlier, police traced Laitha at her father’s home, and rescued her. After that, she was kept at a welfare home for 15 days though she pleaded to the police that she was a major and wanted to live with her partner.
Lalitha also complained to her father in September alleging that her parents are harassing her over the relationship and other issues. After the police intervention, Lalitha came back to Vijayawada and started going to work, often meeting her partner.
However, Lalitha’s father once again came to her place and took the daughter away forcibly in a vehicle. He kept her in his custody "unlawfully", Kavitha alleged in her habeas corpus petition. The father also complained to police alleging that his daughter was abducted by Kavitha and her family members.
Jada Sravan Kumar, counsel for Kavitha, pointing out earlier Supreme Court judgments, argued that the detenue has expressed her unequivocal consent to cohabit with the petitioner in a shared household of the petitioner's parents and would never want to get back to her parents and other family members.
Kumar also informed the court that Lalitha had also expressed her desire to withdraw the complaint she lodged against her parents if she'd be allowed to live with the petitioner. The Vijayawada police on Tuesday produced Lalitha before the High Court following the court’s direction.
The Bench also observed that no criminal proceedings be initiated against the family members of Lalitha as she was willing to withdraw the complaint.
