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The Kerala High Court in an unprecedented judgment allowed a lesbian couple to live together. The plea was filed by Adhila Nasarin alleging that she and her partner are being assaulted and detained by their parents.

A bench of Justice K Vinod Chandran and Justice C Jayachandran interacted with the couple and noted, "Both the petitioner and the detenue are adults and graduates, who have now obtained an employment".

Nasarin had filed the plea alleging that she and the detenue(her partner) decided to live as a couple and took shelter at a Safe Home in Kozhikode and then informed their parents. However, the parents, after promising a settlement, took them to the residence of a relative of Nasarin.

Nasarin alleged that later, the detenue was forcefully removed from that house, and the her father, who also returned from abroad assaulted her. Given the incident, Nasarin again took shelter in a Safe Home at Aluva and filed the plea.

The report submitted by the Deputy Superintendent of Police, Aluva stated that there is an FIR registered against the father of Nasarin and that Nasarin is now placed in a Safe Home. The report further stated that an officer tried to talk to the detenue over the telephone and her mother had informed the officer that the detenue went with them on her own free will.

However, the bench while considering the report, opined that "we were not convinced about the claim made by the mother of the detenue and were contemplating a suo moto writ petition."

In the day of hearing, the bench was informed that both Nasarin and detenue are present at the Police Station along with their parents. Court demanded them to be produced before it. 

To this, the counsel appearing for the State Government informed the bench that the parents are now amenable and the petitioner and the detenue could be produced within an hour.

The couple was produced before the bench. After interacting with the couple, the bench noted that both are firm in resolving that they want to continue the relationship. In addition to this, the detenue told the bench that she has no complaint against her parents but wishes to go with Nasarin.

The Circle Inspector of Police informed the bench that the parents are now reconciled to what the children desire and presented the consent letters issued by their parents before the bench.

The bench while concluding the matter directed, "The couple, as per their wish, be taken back to the Safe Home now. They intend to join the employment as offered in Ext.P3 series. We find no reason to hold them back."

Case Title: Adhila Nasarin Vs. The Commissioner of Police & Ors.