court

JODHPUR: The court has taken action on a woman’s plea seeking the release of her husband as she desires to become a mother. The Jodhpur High Court has granted the woman’s husband a 15-day parole so that she could conceive.

Rekha, had filed a plea seeking the release of her 34-year-old husband Nandlal. The imprisonment of the husband had affected the sexual and emotional needs of his wife, opined Jodhpur High Court bench of Justices Sandeep Mehta and Farzand Ali. The court also cited Hindu scriptures, including the Rig Veda, to grant bail to the convict. The court also referred to the tenets of Judaism, Christianity and Islam. Of the 16 sacraments, conceiving a child is the first and is a right of the woman, the court said.

“The right of progeny can be performed by conjugal association, the same has an effect of normalizing the convict and also helps to alter the behavior of the convict. The purpose of parole is to let the convict re-enter into the mainstream of the society peacefully after his release. The wife of the prisoner has been deprived of her right to have progeny whilst she has not committed any offence and is not under any punishment. Thus, denial to the convict to perform conjugal relationship with his wife more particularly for the purpose of progeny would adversely affect the rights of his wife”, said the court.

Nandlal was awarded life sentence by the Bhilwara court in Rajasthan. He is currently lodged in the Ajmer jail. He had been granted a 20-day parole in 2021.