The Madras High Court has affirmed that same-sex couples can constitute a family, even though marriage between them is not yet legally recognised in India.

The court made the observation while allowing a 25-year-old woman to reunite with her female partner, stating that the idea of “family” must be interpreted in a broader and inclusive manner.

A division bench comprising Justices G.R. Swaminathan and V. Lakshminarayanan was hearing a habeas corpus petition filed by a woman seeking the release of her partner, who she claimed was being illegally detained by her natal family. During the proceedings, the detenue confirmed that she was in a lesbian relationship with the petitioner and expressed her clear desire to return to her partner.

The court noted that the woman had been forcibly taken to her family home, subjected to violence, and compelled to undergo rituals intended to “cure” her of her sexual orientation. She also feared for her life.

In its May 22, 2025 judgment, the bench observed that while the Supreme Court’s ruling in Supriyo @ Supriya Chakraborty v. Union of India did not legalise same-sex marriage, it did not preclude the formation of families by such couples. “Marriage is not the only way to build a family,” the court said, adding that the concept of “chosen family” is now recognised in LGBTQIA+ jurisprudence.

Citing previous decisions such as NALSA and Navtej Singh Johar, the High Court reiterated that sexual orientation is an essential aspect of individual autonomy, dignity, and personal liberty, all protected under Article 21 of the Constitution.

The court also referred to the precedent set by Justice Anand Venkatesh in Prasanna J v. S. Sushma, where a “Deed of Familial Association” was acknowledged as a civil union between LGBTQIA+ partners.

Granting the writ petition, the bench ordered that the woman be set at liberty and restrained her family from interfering in her personal life. It also directed the police to provide protection to the couple if required.