'Love Knows No Bounds': In A First, Odisha HC Allows Same Sex Live-In Couple To Stay Together

In a first, the Odisha High Court allowed a woman to live with her same sex partner, a live-in relationship, and also extended protection of domestic violence law to the woman partner for her to exercise her legal rights in case they the couple decides to part ways.

A 24-year-old womam filed a petition in the court to get back her same-sex partner who was forcibly separated from her by the partner's (Rashmi) mother and uncle, according to a report by Live Law.

The petitioner in the matter, a female, had exercised his rights of gender determination and preferred to be addressed as he/his.

Therefore, the court recognised the petitioner's right to be treated like a male and referred him as he/him/his throughout the proceedings of the case.

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The petitioner and his partner are adults and have been in a consensual relationship since 2017, however they can't enter a wedlock.

The Odisha government did not take any stand in the case but decided to carry out the court orders.

¡°Thus, taking into consideration the aforesaid authoritative pronouncements of the Supreme Court, there is hardly any scope to take a view other than holding that the petitioner has the right of self-determination of sex/gender and also he has the right to have a live-in relationship with a person of his choice even though such person may belong to the same gender as the petitioner,¡± the court held.

¡°We hope and trust that the petitioner and his partner (name) will lead a happy and harmonious life so that their family members have no cause for worry and society has no excuse to raise a finger at them,¡± said the bench, as quoted by The Print.