Woman's Right to Cohabit with Same-Sex Partner Cannot Be Restricted by Family: Andhra Pradesh HC

Woman's Right to Cohabit with Same-Sex Partner Cannot Be Restricted by Family: Andhra Pradesh HC

The Andhra Pradesh High Court has reaffirmed the constitutional rights of adult women, emphasizing that societal or familial pressures cannot impede their autonomy to make personal choices.

A Division Bench comprising Justice R. Raghunandan Rao and Justice Maheshwara Kuncheam held that a woman who has attained the age of majority is free to cohabit with a same-sex partner and cannot be restrained by her family.

The court was hearing a habeas corpus plea filed by the petitioner, who alleged that her same-sex partner, the alleged detenue, was forcibly taken away by her family members after filing a complaint against them on September 30, 2024. Represented by Advocate Jada Sravan Kumar, the petitioner claimed that the detenue’s family was unlawfully detaining her and preventing her from exercising her right to choose where and with whom to live.

On December 9, 2024, the High Court directed the respondents to produce the detenue before the court. During the hearing on December 17, the detenue expressed, in a private chamber interaction, her clear intention to live with the petitioner and not pursue any criminal complaints against her family.

The court ruled that as the detenue is a major, she has the freedom to make her own life decisions, and her family cannot interfere. Allowing the habeas corpus petition, the court directed the local Station House Officer (SHO) to safely escort the detenue to the petitioner’s residence.

Additionally, the court ordered that no criminal action be taken against the detenue’s family members regarding any allegations made against them in this matter up to December 17, 2024.

The petitioner was represented by Advocate Jada Sravan Kumar, while Advocate Venkat Chalasani appeared for the family members, and the Advocate General represented the State.

Cause Title: Chadalavada Pallavi v. The State of Andhra Pradesh and Others [WP No.: 28297/2024]

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