Sreeja S v. Commissioner of Police

(2018) is case where Kerala High Court held that separating the adults in a consensual relationship is a violation of the Constitutional right, regardless of their sexual orientation.

In light of these circumstances, Sreeja filed a petition seeking a writ of Habeas Corpus to command the production of Aruna and secure her freedom.

[1][5][6] Similarly, the bench referred to the judgment of the Supreme Court in Nandakumar v. State of Kerala (2018), which firmly established that even if the parties are not legally competent to marry, they possess the right to cohabit even without formal wedlock.

[1][5] The bench held that the cohabiting relationship between Sreeja and Aruna does not contravene any legal provisions or amount to a criminal offense, and abstaining from exercising the court's jurisdiction would risk the infringement of Constitutional rights.

Therefore, the bench exercised its jurisdiction by issuing a writ of Habeas Corpus, thereby granting Aruna the freedom to be with Sreeja according to her wishes.

The publication highlighted the High Court's emphasis on women's consent and adulthood, asserting that it should not assume the role of parens patriae as long as individuals' choices are preserved.