Monday, March 4, 2024

Supreme Court agrees to hear habeas corpus plea filed by Kerala lesbian alleging illegal detention by lover’s parents

The Supreme Court on Monday agreed to take up a Habeas Corpus petition filed by a lesbian girl from Kerala, alleging that her partner has been restrained by her parents.

The division bench of Kerala High Court has been hearing a plea by a woman to go along with her lesbian friend for a live in after she expressed her desire and willingness to live together.

As per the Plea Kerala High Court instead of releasing the girl had sent her to counselling.

The Bench gave this order permitting the habeas corpus petition filed by Adila Nazerin of Aluva who alleged that her lover Fathima Noora of Kozhikode was illegally detained by her parents.

In her petition Ms. Nazerin highlighted that she was a lesbian and was in a relationship with 23-year-old Ms. Noora.

She further mentioned that both belong to Orthodox Muslim families and thus guardians have objected to their relationship.

The Petitioner talks about her Class XII, when she met Ms. Noora and both fell in love with each other.

It was soon after the mother of Ms. Noora came to know about the relationship, that the restrictions were imposed on the petitioner and her lover.

She talked about the atrocities both physical and verbal abuse that were subjected to her.

She further mention how both set of parents tried their level best to separate the couples force to get married nby looking for prospective grooms.

The petitioner mentioned how they had decided to run away and live together once their graduation was over.

As planned by both,on May 19 this year, the petitioner boarded a train from Aluva and reached Kozhikode where Ms. Noora was present. They then took shelter at a safety home called Vanaja Collective, Kozhikode, and thereafter they called their respective parents and informed them that they were safe.

AS per the petitioner , her lover’s parents, along others came and tried take away Ms. Noora using force. The petitioner’s mother and her sister, along with some other relatives, had also arrived there.

In a state of sadness, the petitioner recollected that only due to the intervention of the police had they escaped from the hands of Ms. Noora’s family members and their goons. she added that after that the mother and her relatives had taken away both of them and made them stay at their relative’s house at Muppathadam, Aluvam.

Talking about her agony, the petitioner talked about her father who had returned from Saudi Arabia manhandling and assaulting her after which she lodged a complaint at the Binanipuram police station and a case was registered against the father.

During the hearing, the counsel Aneesh K.R.for the petitioner submitted that Ms. Noora father and her brother had come to petitioner’s relative’s house at Muppathadam, accompanied by some goons.

The counsel informed how the parents of Ms. Noora were detaining her illegally and they had plans to take her to Saudi Arabia and get her married off against her will.

After listening to the matter, the Supreme Court has issued a notice in a habeas corpus plea by lesbian couple challenging HCs direction of sending one of them to attend counselling session. Bench also stays HCs order & proceedings before it.

Court also asks girl’s parents to produce her before Family court for an interaction with a member of SC eCommittee. Also directs officer to submit a report on whether she is being kept in illegal appointment.


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