Indian lesbian couple lose court fight to stay in UK


London, May 13 (PTI) : A married lesbian couple from India has lost their legal battle to stay in the UK on the grounds that their relationship would not be legally recognised in India.

The couple, who cannot be named for legal reasons, arrived from India as friends in 2007 and went on to enter into a civil partnership in Scotland in 2008, which they converted into marriage last year.

Judges at the UK's Court of Appeal rejected their application to remain in the UK yesterday on the grounds that their relationship would not be legally recognised in their home country of India.

According to the 'Guardian', they both completed Master's degrees in Scotland and then found work and have always lived on legal visas in the UK and now want to acquire an "Indefinite Leave to Remain" in the country.

The Court of Appeal, however, analysed background material on India and accepted that India provided no legal protection or recognition of same-sex couples but felt their return to India would not be a violation of their right to a family life as there was no evidence the couple would suffer violence on return.

"My family do not know that I am a lesbian or that I am married. If I return home they will treat me as a single woman and start looking for a suitable husband for me," one of the women who cannot be identified was quoted as saying by the report.

"I won't have any legal protection for who I am because my marriage will not be recognised in India. In India we will both have to hide who we are. In the UK we enjoy our family life together," she said.

The couple's barrister, S Chelvan, said: "This is a landmark judgment, as it is the first case from the Court of Appeal to address the balancing of the rights of migrant same-sex couples to legal recognition and protection, with immigration control and economic interests of the UK."

The couple are now planning to appeal against the decision to the UK's Supreme Court.

  

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Comment on this article

  • Vincent Rodrigues, Frazer Town,B'lore

    Sat, May 14 2016

    The society never accept them as husband and wife and a good decision from the UK court.

    DisAgree Agree [3] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Sat, May 14 2016

    Marriage takes place in between a Male and a Female. Not in between a Male and a Male/a Female and a Female.

    Marriage is for humans for a Male and a Female not for animals.

    DisAgree [3] Agree [1] Reply Report Abuse

  • SMR, karkala

    Fri, May 13 2016

    Union Minister Javadekar affirmed that homosexuality should not be criminalised and that Supreme Court should reconsider its verdict. "We should not marginalise the already marginal," .

    It was also supported by Union Minister for Finance Arun Jaitley spoke in support of the gay right activists and said that the 'Supreme Court should not have reversed the Delhi High Court order which de-criminalised consensual sex between gay adults'.

    So there is glimmer of hope for 'Aache Din' from Party of difference shining India for LGBT society.

    Jai hind

    DisAgree [8] Agree [2] Reply Report Abuse

  • Raj, Mangalore

    Fri, May 13 2016

    These girls married as lesbian just to get indefinite visa. There are thousands of Indians struggling for permanent visa which is very very tough to get. This is one of the Dramas Indians do to get visa.

    DisAgree [4] Agree [13] Reply Report Abuse

  • Juliet Mascarenhas, bejai

    Fri, May 13 2016

    These girls are scared of the Indian Ache Din and do not want to return to India.They thought this would be the best drama to remain in UK rather than go back to India to beg the 15L promised.
    May be many more such Lesbian/Gay cases will be brought to light.

    DisAgree [3] Agree [15] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, May 13 2016

    Robbers, Murderers, Looters, Rapists & Fekus are welcome in UK ...

    DisAgree [12] Agree [23] Reply Report Abuse

  • Albert D' Souza, San Francisco/Mangalore

    Sat, May 14 2016

    British are Law abiding Citizens, People respect Law & Judiciary. Indian Laws/penal codes were written by British more then 130 years ago. British re-visit their Laws and them regularly. Indian Government does not Laws and do not invest in Court & Judiciary. Indian people consider accused person has a convict and it take generation time to decide & judge a particular case. You can purchase justice in India and you can't do it in England. First Fix your legal system and deal with Vijay Mallya & Lalit Modi with in your legal system after you blame some other Countries Legal system.

    DisAgree Agree [3] Reply Report Abuse

  • Juliet Mascarenhas, Bejai

    Fri, May 13 2016

    They can live in the jungle.Laws do not apply.

    DisAgree [8] Agree [13] Reply Report Abuse

  • Langoolacharya., Belman/Washington,DC.

    Fri, May 13 2016

    Bhandumaam,

    In your 'Art of loving' mutt, Lesbians are allowed???

    ...JH...

    DisAgree Agree [2] Reply Report Abuse

  • kishore, mangalore

    Fri, May 13 2016

    That sounds like our country - jungle raj after all,laws dont apply.

    DisAgree [2] Agree [14] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, May 13 2016

    UK does not know about Lalit & Mallya ...

    DisAgree [4] Agree [20] Reply Report Abuse


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Title: Indian lesbian couple lose court fight to stay in UK



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