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A plea of Habeas Corpus dismissed by the Karnataka High Court

-Report by Nishtha Tiwari

On Thursday, the Karnataka High court dismissed the writ petition of Habeus Corpus filed by a transgender, after the girl denied being in a relationship with him. This plea was filed to produce the girl in front of the court.

The petitioner who identifies himself as a man claimed that the girl is in a consensual relationship with him since 2019. The petitioner is of 23 years and the girl is of 18 years. The girl’s parents did not approve of their relationship and tortured her for being in a relationship with the petitioner.

He further alleges that the girl decided to leave her house and came to live with the petitioner. The very next day, the police informed the petitioner that the girl’s parents have filed a complaint of kidnapping their daughter. The police then asked the petitioner to bring her to the police station. The girl’s parents then took her away from the petitioner and they both were forcefully separated by her parents.

The petitioner was not aware of the whereabouts of the girl. He contended that the separation was illegal and unlawful confinement of the girl is a violation of Article 21. Therefore, the petitioner has filed the writ petition.

The police were ordered to produce the girl along with her parents in front of the court where she stated that the petitioner is only her friend. She does not want to live with the petitioner and denied the allegation that she is in a
relationship with the petitioner. She also stated that she wants to live with her parents.

The court stated that the petition filed by the petitioner is not maintainable and it was dismissed by giving a warning to the petitioner to not repeat such acts which violate the rights of a person under Article 21.

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