After the Supreme Court decriminalised homosexuality under section 377, the Kerala High Court has allowed a plea of the lesbian live-in couple to live together.
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A division bench of Kerala High Court Justice CK Abdul Rehim and Justice R. Narayana Pisharadi observed that such live-in relationship between lesbian couple is neither a crime nor illegal.
The court referred to recent judgments of the Supreme Court on the subject, apart from the constitution bench judgment in Navtej Singh Johar. 1) Nandakumar and Another vs. State of Kerala which set aside a Kerala High Court order that ‘entrusted custody’ of a major girl to her father, observing that she has freedom of choice as to with whom she wants to live. 2) Shafin Jahan vs. Asokan that set aside Kerala HC judgment which annulled the marriage between Shafin Jahan and Hadiya.
“This court cannot find that the ‘live-in relationship’ between the petitioner and the alleged detenue will in any manner offend any provisions of law or it will become a crime in any manner.”
Source: LiveLaw
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