The Andhra Pradesh High Court has upheld the right of a lesbian couple to live together and affirmed their freedom to choose their partner. A bench of Justices R Raghunandan Rao and K Maheshwar Rao was hearing a habeas corpus petition filed by Kavitha (name changed). Kavitha has alleged that her partner Lalitha (name changed) has been detained by her father against her will and kept at his residence in Narsipatnam. The bench on Tuesday directed Lalitha's parents not to interfere in the couple's relationship and said that their daughter is an adult and can take her own decisions.
Gay couple living together for 1 year
The couple has been "living together" in Vijayawada for the past one year. Based on a missing person complaint lodged by Kavitha earlier, the police recovered Lalita from her father's house and rescued her. She was then kept in a welfare home for 15 days, though she pleaded with the police that she was an adult and wanted to live with her partner. Lalita had also filed a complaint against her father in September, alleging that her parents were harassing her over the relationship and other issues. After police intervention, Lalita returned to Vijayawada and started going to work and frequently meeting her partner. However, Lalita's father once again came to her house and forcibly took away the daughter.
charge of illegal detention
In her habeas corpus petition, Kavita alleged that they have kept her in their custody 'illegally'. The father lodged a police complaint alleging that his daughter has been abducted by Kavita and her family members. Citing previous judgments of the apex court, Kavita's counsel Jada Shravan Kumar argued that the detenu has given her express consent to live with the petitioner in the shared house of the petitioner's parents and that she would never want to go back to her parents and other family members.
Lalita is ready to withdraw the complaint filed against her parents
Kumar also told the court that Lalitha has also expressed her willingness to withdraw the complaint filed against her parents if she is allowed to stay with the petitioner. Vijayawada police produced Lalitha before the high court on Tuesday following the court's direction. The bench, while disposing of the petition, also remarked that no criminal proceedings should be initiated against Lalitha's family members as she is willing to withdraw the complaint.
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