National Capital
Sat, Jun 07, 2025, 15:31
Madras High Court: Same-Sex Couples Can Form Families Without Marriage
Yesterday, 23:58
The Madras High Court has ruled that same-sex couples can form families even without legal marriage. The court emphasized that “marriage is not the only way to create a family,” recognizing the concept of a “chosen family,” which is well-established in LGBTQIA+ jurisprudence.
This decision was made during the hearing of a habeas corpus petition filed by a woman seeking the release of her partner, who was being forcibly detained by her family. The court ordered the immediate release of the woman, prohibited her family from interfering with her freedom, and directed the police to provide protection for the couple.
The court cited rulings by the Supreme Court, including the NALSA and Navtej Johar cases, which affirm that sexual orientation is protected under Article 21 of the Constitution as a matter of personal autonomy and dignity. The court also referenced previous decisions supporting civil unions and a broader understanding of family beyond marriage.
In summary, while same-sex marriage has not yet been legalized in India, the Madras High Court affirmed that LGBTQIA+ couples have the right to form families and live together with legal protection.
This material has been translated using AI-powered neural networks. If you spot any errors, please highlight them and press Ctrl+Enter or notify us at info@nationalcapital.in