Lawstreet Journal

Orissa High Court allows same-sex couple to continue in a live-in relationship

Lawstreet Journal 28 Aug 2020 2:31am

Image courtesy: Lawstreet Journal Judiciary Orissa High Court allows same-sex couple to continue in a live-in relationship

In a first, the Orissa High Court has allowed a couple of the same sex to have a live-in relationship, and also extended protection of domestic violence law in the case at hand.

The order was pronounced on Monday (August 24,2020) by a bench of Justices S.K. Mishra and Ratho on a habeas corpus petition filed by one of the partners, seeking production of the other before the court by using the legal machinery.

According to the petitioner, her partner was forcibly separated by the latter’s mother in the month of April in Bhubaneswar.

The petitioner exercised her rights to gender determination by self under the Supreme Court’s 2014 verdict in the NALSA case and preferred to be addressed as “he”.

His case was that both he and his partner are adults and belonging to the same gender are not competent to enter into wedlock but still have the right to live together.

The petitioner also contended that in the provisions of the Domestic Violence Act, 2005, the legislature acknowledged live-in relationships — irrespective of the gender — by giving rights and privileges to the ‘woman partner’.

The judges wrote two separate but concurring verdicts at the time of allowing the habeas corpus after they conversed with the petitioner’s partner through videoconferencing to know what she desired.

The Odisha government had not taken any stand in the case, but they decided to carry out the court orders.

The partner’s mother urged the bench to ensure her daughter’s well-being and safety if the court was to allow the habeas… Continue Reading...

Tagged: Orissa High Court  
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