SREEJA S. Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Persons of same gender whether entitled to lead a 'live-in relationship' is a question which incidentally arises in this writ petition filed seeking a writ of Habeas Corpus.

(2.) The petitioner, a lady aged 40 years, is raising an allegation that her 'lesbian partner', Ms. Aruna, aged 24 years (hereinafter referred to as the 'alleged detenue') is under illegal confinement of respondents 34, who are her parents, against her free will. The petitioner seeks a writ of Habeas Corpus for commanding production of the corpus of the alleged detenue and to set her at liberty.

(3.) Brief averments are that, the petitioner is now residing at Kollam and the alleged detenue is in close relationship with her, that they are unable to separate. They intended to live together as life partners. On 13-08-2018 the alleged detenue left her parental home and joined the petitioner. Based on a complaint lodged by the 4th respondent about missing of the alleged detenue, the 2nd respondent registered Ext.P2 F.I.R, under Section 57 of the Kerala Police Act, 2011. The police had taken the alleged detenue into custody and produced her before the Judicial First Class Magistrate-II, Neyyattinkara, on 14-08-2018. The learned Magistrate had set the alleged detenue at liberty. But, it is alleged that, the respondents 34 had forcibly taken the alleged detenue into custody after assaulting the petitioner, with respect to which the petitioner had lodged another complaint in the same police station, as per Ext.P4. The alleged detenue had informed the petitioner that her parents had admitted her in the Government Mental Hospital at Peroorkada. When the petitioner met the alleged detenue in the said hospital, she was ready and willing to come along with the petitioner. But the hospital authorities insisted for production of a court order for her release along with the petitioner. Alleging that the respondents 34 are keeping the alleged detenue under illegal confinement at the Mental Hospital, the petitioner is approaching this court seeking relief as mentioned above.