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The court was hearing a plea filed by a woman, contending that her female partner had been forcibly detained by her family
The Andhra Pradesh High Court, ensuring that societal or familial pressures do not hinder constitutional rights, held that a woman who has attained majority, cannot be restricted by her family members from to cohabit with her same sex partner.
A Division bench comprising Division bench of Justice R. Raghunandan Rao and Justice Maheshwara Kuncheam, reaffirmed that an adult woman is free to make her own decisions, including the choice to live with a same-sex partner.
The court was hearing a habeas corpus plea, filed by the petitioner, claiming that her same-sex partner, the alleged detenue, had been forcibly taken away by her parents and other individuals after the detenue filed a complaint against her family on September 30, 2024. The petitioner, represented by Advocate Jada Sravan Kumar, alleged that the detenue’s family was unlawfully detaining her and preventing her from deciding where and with whom she wished to stay.
The court, on December 9, 2024, directed the respondents to produce the detenue before it. During the hearing on December 17, the detenue was brought before the court. The bench interacted with the detenue in chambers, where she categorically stated her desire to go with the petitioner and her intention not to pursue any criminal complaints against her family.
The court ruled: “In view of the fact that the detenue is a major and is free to make her own decisions about her life, neither the parents nor the other family members can restrain her from taking a decision in regard to her life.”
Acknowledging her autonomy, the court allowed the habeas corpus petition and directed the local SHO to escort the detenue safely to the petitioner’s residence.
Additionally, the court ordered: “no criminal action shall be taken against the parents of the detenue or the family members of the detenue in relation to any action that is alleged against them in relation to this case, till today.”
Advocate Venkat Chalasani, represented the respondent family members, and the Advocate General for the State of Andhra Pradesh appeared for the State.
Cause Title: Chadalavada Pallavi v The State Of Andhra Pradesh and Others [WP No.: 28297/2024]
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