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Hearing a habeas corpus writ petition by a trans man lover of a 23-year-old woman allegedly illegally detained by her father, the Madras High Court has granted liberty to the woman to be re-united with the man.

The woman was allegedly held in illegal detention and confinement by her father, who was against the relationship.

Noting that the detenue, Revathi is major and willing to go with the petitioner, a trans man, on her own volition, the bench of Justice V. Bharathidasan and Justice J. Nisha Banu set her at liberty and permitted her to go along with the petitioner.

The court also opined that, "the petitioner and the detenue entered into a relationship, which is both protected and permitted under the Constitution."

The matter in brief is that the petitioner who was born as a girl, started to be identified as a transman after going through hormone therapy. He officially changed his name to 'Kavin Tamizh' as well. Later in 2018, he met ‘Revathi’, and they both started a consensual relationship.

The ‘transman’ gender of the petitioner was also disclosed to Revathi, and as they were in love with each other, they decided to continue their relationship.

It was also submitted before the Court that in April 2021 Revathi, after sending letters to the concerned Police Station and the Superintendent of Police, left her parental home to lead a life of her own in Chennai with the petitioner.

However, in May 2021 Revathi’s parents came along with Police officials, forcibly separated the couple, and took Revathi along with them. Therefore, the petitioner moved court alleging illegal detention and confinement of his lover and pleaded for her liberty.

Considering the facts of the case, the Court noted that it was stated by both the partners that they have been living together for more than three years and that Revathi also stated that she wanted to live with her lover knowing fully well that he is a trans man.

On an earlier date, when the police produced Revathi before the court, she stated that she on her own, left with the petitioner and now, she is willing to go with the petitioner only.

However, Revathi’s father opposed the relationship before the court. Thereafter, following Revathi’s unwillingness to go with her father, she was sent to a shelter home.

Considering the facts of the case, the court proceeded to direct the woman to be set free to live with her lover.

Case Title: M.Kavin Thamizh vs. The Inspector of Police, Ramanathapuram and others

Edited by Shreya Agarwal