The High Court of Karnataka directed the prison authorities to release a convict on parole for 30 days on the petition filed by his wife, who has complained that she has been deprived of her conjugal right to have progeny.
Justice S.R. Krishna Kumar passed the order while allowing a petition filed by a 31-year-old woman from Kolar district.
Married to convict
The petitioner had got married to the convicted man, with whom she was in love before he was sentenced to imprisonment for 10 years in a murder case, last year, after filing a petition seeking his release on parole for the performance of the marriage. She married him on April 11, 2023, after the court granted him parole for 15 days from April 5 to 20, on a petition filed by her along with the man’s 63-year-old ailing mother.
In her present petition, she pointed out that she is deprived of her right to have progeny. She said her mother-in-law suffers from various ailments and she wishes to spend some time with her grandchildren, and hence, the petitioner desires the husband to be with her to become a mother.
Extraordinary circumstances
The court directed the prison authorities to release him on parole between June 5 and July 4, treating it as an extraordinary circumstance and giving liberty to the husband to seek an extension of general parole, which the authorities should consider looking at the conduct of the convict while he is out on parole.
Meanwhile, the court directed the convict to mark his attendance at the jurisdictional police station every week during the parole period and it would be the duty of the police to take him back to gaol if he evaded going back to the prison after expiry of parole.
Published - June 05, 2024 09:12 pm IST
