Kerala High Court: Closed Woman’s Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

The Kerala High Court in the case Sumayya Sherin v. Director General of Police & Ors observed and has closed the habeas corpus petition moved by a 21 year old woman wherein seeking the release of her lesbian partner from the custody of her family.
The Division bench comprising of Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen in the case observed and has closed the plea while taking note of the petitioner’s partner’s or the alleged detenu’s statement that she wished to go with her parents.
In the present case, the petitioner in the plea averred that both herself and her partner, who belong to Muslim families had been friends since early school days and they had fallen in love with each other by Class 12. It was also submitted before the court that they both had been residing together for a while and it has been stated by her that the lower court had permitted the two women to live together, and added that the parents and brother of the detenu had, on May 30, 2023, forcefully taken her away.
Further, it was also submitted that the police had not taken any measures in spite of her complaint. Therefore, when the said matter was taken up by another Division Bench comprising of Justice P.B. Sureshkumar and Justice C.S. Sudha on 06.06.2023, wherein the court directed the police to produce the petitioner’s partner before the Court on June 19, 2023.
Therefore, the court asked the detenu as to whether she was in any form of detention and in response to the same, it has been informed by the detenu that while she had been living with the petitioner for sometime, she did not wish to continue the same, and that she is now residing with her parents and that too on her own volition.
Further, the detenu in the plea seek before the court to direct the petitioner to return her Aadhaar Card and other documents that was with the latter, and the same was accordingly being handed over to the detenu in the Chambers.
The court in its order stated that in relation to the statements made by detenu before this court and the developments narrated above, this court close the writ petition (Crl).
Accordingly, the court close the writ plea.
The counsels, Advocates Aneesh K.R. and Saurav B. Advocates Babu Karukapadath, Vaisakhi V., M.A. Vaheeda Babu, P.U. Vinod Kumar, Arya Raghunath, T.M. Muhammed Musthaq, Ajwin P. Lalson, Karukapadath Wazim Babu, P. Lakshmi, Aysha E.M., Shifana Kaise appeared for the petitioner.
Public Prosecutor E.C. Bineesh represented the respondents.