IMPORTANT POINT
The judgment establishes the right of adult individuals, including LGBTQ+ persons, to make autonomous choices regarding their partners and relationships, emphasizing the right to privacy and non-discrimination.

JUDGMENT :

(Raja Vijayaraghavan V., J.)

The petitioners herein, being the parents of Ms. X (name withheld for privacy), state that Ms. X, aged approximately 23 years and a graduate, has formed an acquaintance with the 5th respondent, who is identified as a member of the LGBTQ+ community. The 5th respondent, along with others, has established an online social media group by name “Mazhavillu'' and they are alleged to have lured their daughter into joining this group. They contend that their daughter is suffering from certain behavioral issues and on previous occasions had to seek treatment under a Counseling Psychologist. To substantiate their claim, the petitioners rely on Ext.P3, a certificate issued by the psychologist, indicating that Ms. X, after counselling, was referred to the Psychiatry Department of the Quilon District Hospital for psychiatric evaluation, treatment and management as she was found engaged in a toxic relationship with the person of the same gender.

2. The petitioners further state that their daughter went missing and they had to lodge a complaint with the police, leading to the registration of Crime No. 815/2024 at the Kottarakkara Police Station under Section 57 of the Kerala Police Act. Ms. X was subsequently located and produced before the Magistrate. The petitioners claim that when they attempted to save their daughter from the clutches and influence of the 5th respondent and her men, a complaint was lodged by the latter, resulting in the registration of Crime No. 836/2024 under various provisions of the IPC, wherein the petitioners and others have been named as the accused. They assert that, under the pretext of dispute resolution, Ms. X was invited by the 5th respondent and subsequently forcefully taken away. Despite lodging a complaint with the police, no action has been taken to date. Complaining that Ms. X is being illegally detained by the 5th respondent, this writ petition is filed seeking the following relief:

i. Issue a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction, commanding the respondents 1 to 4 to take the custody of the detenue, XXXXX, aged 23 years, and produce the detenue before this Hon’ble Court from the illegal custody and detention of 5th and 6th respondents;

3. This Court issued notice by special messenger calling upon the party respondents to appear in person before this Court along with Ms. X.

4. Ms. X and her partner have appeared before us in person. We have interacted with them while ensuring privacy and safety of the lady. Ms.X stated before us that she has completed her Graduation in English and is also proficient in Tally software. She stated that the 5th respondent is a transman and she has consciously chosen to be his partner. She stated that her parents, under the impression that the petitioner is suffering from some psychiatric issues, forced her to undergo counselling with a view to persuade her to overcome her identity and sexual orientation. As she found that the attitude and behavior of her natal family objectionable and traumatic to her psyche, she left the company of her parents to join the 5th respondent. This prompted her parents to lodge a complaint before the police under the caption “person missing”. She had appeared before the learned Magistrate and had stated in unequivocal terms that the 5th respondent is her chosen partner and she intends to live with him. The learned Magistrate had permitted her to join the 5th respondent. However, her parents and relatives attempted to abduct her and in the melee that followed, they assaulted the 5th respondent and inflicted injuries. She stated before us that she is fearful of retribution and violence at the hands of her natal family as she has decided to live with her chosen partner. She asserted that she is safe in the company of the 5th respondent with whom she intends to stay.

5. The learned counsel appearing for the petitioners submitted that Ms. X is suffering from various