October 22, 2018
Kerala HC Allows Lesbian Couple To Live In Together
The Kerala High Court has allowed a plea of the lesbian couple to live-in together.
The division bench comprising of Justice CK Abdul Rehim and Justice R. Narayana Pisharadi observed that such live-in relationship between lesbian couple is neither a crime nor illegal.
Sreeja and Aruna intended to live together as life partners. Petitioner Sreeja filled a writ of habeas corpus in high court alleging that Aruna has been admitted to a mental hospital by her parents and that the hospital authorities were insisting for the production of a court order for her release along with her. Aruna was produced before the bench of high court which interacted with her. She told the bench that she would like to go with Sreeja.
The court then considered the legal issue whether Aruna can be permitted to go along with Sreeja to lead a ‘live-in relationship.
The issue arise because both of them belong to the same gender, and could not solemnize a valid marriage between them.
While referring various judgments, the court said: “this court cannot find that the ‘live-in relationship’ between the petitioner and the alleged detenue will in any manner offend any provisions of law or it will become a crime in any manner. On the other hand, if the jurisdiction vested on this court is not exercised, it will amount to permitting a violation of the Constitutional right to perpetrate.”
The court allowed Aruna to go along with Sreeja.
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