The Madras High Court on 13th August 2021, in the matter of M.Kavin Thamizh v. The Inspector of Police set the detenue Revathi at liberty from the unlawful custody of her family and reunited her with the Petitioner (M. Kavin Thamizh) as she is a major and willing to go with him on her own volition.
The Petitioner is a Trans man who was born as ‘Lavanya’. After undergoing hormone therapy, he changed his name to M. Kavin Thamizh. In 2018, the detenue Revathi got along with him and was also aware of his identity. Thereafter, they entered into a relationship. On 27.04.2021, Revathi left her parental home as she wanted to lead a life of her own. Both of them left for Chennai. On 8.05.2021, her parents arrived along with the police and separated them forcibly and took detenue Revathi along with them. The present petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus.
The High Court held that:
- Parties are living together for more than 3 years and detenue Revathi knowing fully well that the petitioner is a “Trans man”, wanted to live with him.
- Entering into a relationship with a Trans man is both protected and permitted under the Constitution.
- The Petitioner is also willing to take the detenue with him.
- Considering that she is a major and willing to go with him on her own volition, the Court set her at liberty from the unlawful custody of her family.
– Esha Shah, Paralegal – POSH at Work