Orissa High court ordered a 24-year-old girl to live with her same-sex partner after the latter was forcibly separated from him. A petition of Habeas corpus was filed by Chinmayee Jena in the court when her partner was forcibly kept in the custody of her mother and uncle at Bari in Jaipur district. Initially, the complaint was filed in the police station. But, the couple didn’t get a good response after which they decided to approach the High Court. Petitioner Chinmayee had filed a Habeas Corpus application under Article 226 and 227 of the Constitution seeking her partner’s protection.
The Division Bench of Justice SK Mishra and Justice Savitri Ratho did a hearing through virtual mode and made sure if the victim women wanted to marry her partner or stay with her parents. The woman partner affirmed that she wanted to stay with her partner without any further delay. Following the virtual conversation, her petition got approval from the bench. After the clearance, the Superintendent of Police was directed to provide protection and also extended protection to the domestic violence law to the woman partner.
The petitioner had sought court intervention when the family members of the victim had wanted her to do an arranged marriage with someone else and they took her away in their custody against her will. The petitioner claimed that they fell in love when they were in school in the year 2011 and had been into a consensual relationship since 2017. A joint affidavit submitted before the court indicated that both had sworn before the Executive Magistrate, Bhubaneswar, declaring that they stay together in a live-in relationship.
According to the Orrisa High Court’s order, Chinmayee has to allow her partner’s mother and sister to be in touch with her. The victim would have all the rights under the protection of Women from Domestic Violence Act, 2005.