Jahanvi Agarwal
Recently, Kerela High Court was approached by the petitioner who is a woman claiming that both she and her partner belongs to an orthodox Muslim family. When the family got to know about them, they forced them to separate from each other. The petitioner filed a Habeas Corpus plea praying that she should be reunited with her partner.
On 6th June, the division bench which consisted of Justice PB Suresh Kumar and CS Sudha heard the matter and ordered the presence of the petitioner’s parents in the court on 19th June to seek their response. The petitioner in the court stated that as both of their family got to know about their relationship, they were forced to separate.
On 27th January, the partners left their houses and eloped due to families pressure who filed an FIR against the women. However, a Judicial First-Class Magistrate Court considered the case and allowed the couple to leave together.
They then travelled to the Ernakulam district, however, according to the High Court’s plea, the petitioner’s partner was forcibly taken away from her by the parents on May 30 and is still being held against her will.
The petitioner informed the court that despite of various complaints to the police, they have not taken any action due to political influence. Not only this but the petitioner also stated that she fears that if something is not done immediately, her partner’s family may force her to undergo conversion therapy and leave India.
The petitioner cited Navtej Singh Johar & Ors. V. Union of India, a landmark judgment wherein consensual homosexual sex is decriminalized.
The petitioner contended in the plea that:
“The petitioner respectfully submits that the detenue is under the illegal detention of respondents 5 to 7 and their henchmen. She is ready to come with the petitioner. She has been mentally and physically tortured and even admitted to the mental hospital alleging that she is mentally ill. The petitioner apprehends that the detenue will be subjected to conversion therapy and would be taken out from India against her will. The petitioner apprehends a threat to the life of the detenue,”
Case Name: Adhila v Commissioner of Police & Ors
Diary Number: 476/2022
Bench: Justice PB Suresh Kumar and Justice CS Sudha