Chennai, June 5, 2025 — The Madras High Court ruled that while the Supreme Court has not legalised same-sex marriage, same-sex couples can indeed constitute a family. The court ordered the release of a 25-year-old woman detained against her will by her natal family, allowing her to join her female partner.
A Division Bench of Justices G.R. Swaminathan and V. Lakshminarayanan heard a habeas corpus petition filed by the petitioner seeking custody of her partner. The detained woman confirmed to the court that she is a lesbian and in a relationship with the petitioner. She alleged she was forcibly taken home, beaten, and subjected to rituals aimed at “normalising” her sexual orientation. She also expressed fear for her life.
The court noted the petitioner had initially described herself merely as a “close friend” in her police complaint, acknowledging the hesitation in openly declaring the relationship.
Citing the Supreme Court’s decision in Supriyo @ Supriya Chakraborty v. Union of India, the bench said, “Marriage is not the sole mode to found a family.” It recognised the concept of a “chosen family” in LGBTQIA+ jurisprudence and affirmed that the petitioner and the detained woman can constitute a family.
The judgment also referenced Justice Anand Venkatesh’s approval of a “Deed of Familial Association” recognising civil unions among LGBTQIA+ partners in Prasanna J vs S Sushma.
Highlighting the Supreme Court’s rulings in NALSA and Navtej Johar, the court reiterated that sexual orientation is a fundamental aspect of personal autonomy and liberty under Article 21 of the Constitution.
The bench ordered the immediate release of the detained woman and restrained her natal family from interfering with her personal liberty. It also directed the police to provide protection to both parties as required.
“We allow this habeas corpus petition and set her at liberty,” the court declared in its May 22 judgment, underscoring the importance of individual freedom and dignity.
