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Dismisses Habeas Corpus plea moved by the transgender person after alleged partner denies relationship: Karnataka High Court.

This particular decision is held by the High Court Of Karnataka through the

division bench of Justice B Veerappa and Justice K.S.Hemalekha in the case of XXX v. STATE OF KARNATAKA

Facts

The petition was filed by the 23-year-old after the girl, who was produced in court, made a statement that the petitioner is only her friend and she is not willing to go with the petitioner.The petitioner, identifying as male, had submitted that the girl has been in a consensual relationship with him since 2019. Her parents did not approve her relationship with the petitioner since beginning and have resorted to physical and emotional abuse for being in relationship with the petitioner.He claimed that the girl, being unable to withstand the abuse inflicted on her, decided to leave her parents’ house and came to the petitioner’s house to stay with him on May 9, 2022. The next day, the police called the petitioner and informed that the girl’s parents had filed a kidnapping case against him and therefore, asked the petitioner to bring her to the Police Station.When the petitioner and the girl went to the police station, it is alleged that the family members forcefully separated her from the petitioner and took her away. It was submitted that the petitioner is unaware of the whereabouts of the girl and her safety and well being.

Orders and judgements 

Though we were inclined to impose cost, at the intervention of learned Senior Counsel, we deem it proper to dismiss the writ petition, with a warning to the petitioner not to repeat such acts of violating the rights of a person as contemplated under Article 21 of the Constitution of India, in future.”

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Judgement reviewed by- Mohammed Shoaib

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