Neither Parents Nor Family Members Can Restrain A Major From Taking Decisions Regarding Life: Andhra Pradesh HC Allows Same-Sex Couple To Unite

The Andhra Pradesh High Court while ordering the release of a woman from the custody of her parents has observed that a major cannot be restrained from taking her life decisions. The Court was considering a Writ Petition filed by her lesbian partner seeking her release from the forceful custody of her parents.

The division bench of Justice R. Raghunandan Rao and Justice Maheshwara Kuncheam observed, "In view of the fact that the detenue is a major and is free to make her own decisions about her life, neither the parents nor the other family members can restrain her from taking a decision in regard to her life."

The Petitioner was represented by Advocate Jada Sravan Kumar while the Respondent was represented by Advocate Venkat Chalasani.

The Petitioner had contended that she is in a relationship with the alleged detenue and that the alleged detenue was forcibly taken away by her parents and some other persons, after the detenue had filed a complaint against them.

It was the case of the Petitioner that detenue was not given the liberty to decide for herself about where she wished to stay and that her parents were forcibly restraining her from joining the Petitioner.

The Court took note of the categorical statement of the detenue wherein she stated that she wishes to go with the petitioner and that she has no desire to prosecute any criminal case and complaint against her parents or any member of her family.

The Court asserted that the detenue cannot be restrained from doing as she desires for she is an adult and can't be coerced into taking life decisions a certain way. It also recorded that the detenue has agreed not to press her criminal complaints against her parents.

The Petition was accordingly allowed.

Cause Title: Chadalavada Pallavi vs. The State Of Andhra Pradesh and Others (APHC010545572024)

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