Delhi High Court Grants Protection To Lesbian Woman Married Against Her Wishes, Directs Steps For Dissolution Of Marriage

In a major relief to a lesbian woman married against her wishes to a man of her family's choice, a bench of Justice Mukta Gupta of the Delhi High Court today issued issued notice on the woman's petition and directed the Delhi Police to ensure complete protection to the woman.

Notably, taking a progressive stance on the case, the court also interacted with the woman and her husband, and directed that steps may be taken at the earliest for dissolution of the marriage.

"An adult woman cannot be forced to stay with her marital or parental family against her wishes," the Court said.

The brief facts of the case are that the petitioner is a lesbian woman who had been married against her wishes to a man and was threatened to be "cured" of her sexual orientation. She escaped from her marital home on Mar 7, 2021 and sought the assistance of ANHAD - an NGO in New Delhi. She was then provided temporary shelter at a safe house run by another NGO, but her family members reached the premises of the safe house and asked for the Petitioner to be handed over to them.

In clear terms the court has directed that no NGO members should be harassed or harmed for helping the woman and said that the woman is at liberty to shift to a different location if she so pleases. The Delhi Police has been directed to take all necessary steps to provide protection to the woman at her new location.

The woman was represented by Adv.Vrinda Grover and Delhi Police was represented by Standing Counsel Rahul Mehra.