'Same Sex Marriage Not Legalised But Couples Can Very Well Form A Family': Madras HC
New Delhi: While granting relief to a woman who wanted to go with her female partner, the Madras high court has ruled that the fact that “marriage is not the sole mode to found a family” is well-settled in LGBTQIA+ jurisprudence.
The division bench of Justices G.R. Swaminathan and V. Lakshminarayanan were hearing the habeas corpus petition of the woman partner of the 25-year-old woman who was detained by her family against her will.
“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,” said the bench, reported New Indian Express.
The court also restrained the family members of the woman from “interfering with her personal liberty”. The court also also issued a “writ of continuing mandamus” to the jurisdictional police for providing sufficient protection to the woman and her partner as and when required.
“Marriage is not the sole mode to found a family. The concept of a ‘chosen family’ is now well-settled and acknowledged in LGBTQIA+ jurisprudence,” said the court.
The court 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.
Court slams police for forcing the woman to go with her parents
The bench noted that the petitioner has not mentioned anywhere about the true nature of their relationship but called herself a close friend. The court said that it understood the hesitation on her part since the society is still conservative.
The bench also slammed the police in Gudiyatham in Vellore district, Reddiyarpalayam in Puducherry and Jeevan Beema Nagar in Karnataka for failing to respond to the urgent messages sent by the petitioner and forcing the woman to go with her parents.
The bench also rejected the statement made by the woman’s mother that the petitioner had led her daughter “astray” and turned her into a “drug addict.”
The court said that it had endeavoured in vain to impress upon the mother that her daughter is entitled to choose a life of her own since she is an adult as the law is clear and the precedents are clearer on the issue.
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