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'Relationship Protected And Permitted By Constitution': Madras High Court Reunites Transman And Woman Forcibly Separated By Woman's Father

Aaratrika Bhaumik
20 Aug 2021 7:50 AM GMT
Relationship Protected And Permitted By Constitution: Madras High Court Reunites Transman And Woman Forcibly Separated By Womans Father
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The Madurai bench of the Madras High Court last week reunited a transman and his lover by directing the release of his 23 year old lover, Revathi, from the unlawful custody of her father. The Court was adjudicating upon a habeas corpus petition moved by the petitioner transman alleging illegal detention and confinement of his lover Revathi and accordingly sought the Court's leave to set his...

The Madurai bench of the Madras High Court last week reunited a transman and his lover by directing the release of his 23 year old lover, Revathi, from the unlawful custody of her father. The Court was adjudicating upon a habeas corpus petition moved by the petitioner transman alleging illegal detention and confinement of his lover Revathi and accordingly sought the Court's leave to set his lover at liberty.

A Bench comprising Justice V. Bharathidasan and Justice J. Nisha Banu opined that the relationship shared by the petitioner with his lover was 'both protected and permitted under the Constitution' and accordingly observed,

"Considering the fact that the detenue Revathi is a major and she is willing to go with the petitioner, on her own volition, we set the detenue at liberty and permitted her to go along with the petitioner"

In the instant case, the petitioner was born as 'Lavanya' but he subsequently identified himself as a transman. After undergoing hormone therapy pursuant to doctor's consultation, the petitioner changed his name to 'Kavin Tamizh'. This change in name had also been publicly notified vide a Gazette notification to this effect.

In the year 2018, the petitioner met his lover Revathi for the first time and eventually both of them entered into a consensual relationship. On April 27, 2021 the detenue Revathi had left her parental residence after intimating the Kadaladi Police Station and Superintendent of Police, Ramnadapuram that she wished to lead a life on her own terms. Consequently, the lovers left for Chennai together from Madurai. Subsequently, the petitioner also ended up finding an accommodation for his lover Revathi at the Pallavaram Keezhakattalai Ladies Hostel.

On May 8, 2021 the parents of Revathi had come along with police authorities and had forcibly separated the couple. As a result, the petitioner moved the instant petition alleging illegal detention of his lover against her will by her father. 

To decide on the matter, the Bench personally interacted with the detenue Revathi on August 11, 2021 who informed the Court that she had left her parental home on her own volition and had willingly accompanied her lover. She also mentioned that she wished to stay with the petitioner instead of her father. 

The Court also provided a hearing to the detenue Revathi's father and accordingly observed, 

"We have enquired both the petitioner as well as the detenue Revathi. They stated that they are living together for more than three years and the detenue Revathi also stated that she knowing fully well that the petitioner is a "Trans man", and she wanted to live with him. The petitioner also willing to take the detenue with him. The father of the detenue, who is present before this Court, opposed the above relationship"

Accordingly, the Court proceeded to direct the woman to be left free to live with the petitioner as they are both adults and had expressly intimated their desire to live together. 

Advocate Anisha Gupta appeared for the petitioner. Standing counsel S Ravi appeared for the State. Advocate K Kumaravel appeared for the woman's father.

Case Title: M.Kavin Thamizh v. The Inspector of Police

Click Here To Read/Download Order 



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