The Karnataka High Court granted a convict a 30-day parole after his wife’s plea for the right to have children, emphasizing personal rights despite legal penalties. Justice S.R. Krishna Kumar presided over the case from Kolar district involving a 31-year-old woman married to the convict.
Thank you for reading this post, don't forget to subscribe!
BENGALURU: The Karnataka High Court has mandated the temporary release of a convict on a 30-day parole following a plea by his wife, asserting her conjugal rights to bear children. This decision emphasizes the court’s consideration of personal rights amidst legal penalties.
Justice S.R. Krishna Kumar presided over the case, which emanated from the Kolar district, involving a 31-year-old woman married to the convict.
The couple’s love story transitioned into marriage while the man was serving a decade-long sentence for a murder conviction. The marriage took place on April 11, 2023, a legal union made possible only after the court’s intervention, which previously granted him a 15-day parole from April 5 to 20, 2023, to tie the knot. This initial parole came through a joint petition by the convict’s wife and his 63-year-old ailing mother.
The recent petition, compelling in its personal and legal ramifications, was driven by the wife’s profound desire to start a family with her incarcerated husband. She articulated her plight of being deprived of her fundamental marital right— the right to conceive and have children. The court’s response, rooted in a deep understanding of human rights within the framework of justice, led to the grant of a further 30-day parole to the convict.
In a recent decision, the High Court addressed a petition filed by a woman seeking the temporary release of her husband from prison. The petitioner highlighted her deprivation of the right to have progeny, emphasizing the health condition of her mother-in-law who suffers from various ailments.
ALSO READ: ‘Notice to 44 Government Bodies’ by Karnataka HC
The petitioner expressed a heartfelt desire for her husband to be with her to start a family, stating-
“She wants to spend time with her grandchildren, so the petitioner seeks for her husband to be with her to become a mother.”
Recognizing the unique and pressing nature of the petition, the court treated the situation as an extraordinary circumstance. Consequently, the court directed the prison authorities to release the convict on parole from June 5 to July 4. The court’s order included a provision for the convict to seek an extension of general parole if necessary. The authorities were instructed to consider such an extension based on the convict’s conduct during the parole period.
The court stated-
“The prison authorities are to release him on parole between June 5 and July 4, treating it as an extraordinary circumstance and allowing the husband to request an extension of the general parole.”
Conditions of Parole
While granting the parole, the court imposed certain conditions to ensure compliance and maintain order. The convict is required to mark his attendance at the jurisdictional police station every week during the parole period. The court emphasized the responsibility of the police in monitoring the convict’s return to prison.
ALSO READ: Karnataka HC Cautioned Law Book Publishers on Statute Printing
The directive included-
“The court directed the convict to check in at the jurisdictional police station every week during the parole period,” ensuring accountability.
Additionally, the court stipulated-
“It would be the duty of the police to return him to jail if he fails to go back to prison after the parole period ends.”
