New Delhi. The Delhi High Court on Thursday said that Indian law and prison rules do not allow parole for a prisoner to have marital relations, that too with a ‘live-in partner’. The court said that a person cannot claim that having a child with his or her ‘live-in partner’ (who is also a convicted person) is his or her fundamental right within the ambit of law and prison rules, whereas ‘live-in Partner’s spouse is alive and has children.
Justice Swarn Kanta Sharma said, ‘It is also necessary to mention that the existing law does not allow anyone to be granted parole for having relations with a legally wedded wife… leave alone a live-in partner.’ The High Court made this comment while refusing to release a man on parole for consummating his marital relationship and maintaining social relations by having sex with his ‘live-in partner’.
The idea came from OTT, the nephew who was going with the girl was picked up from the dhaba, such a scandal was done, the soul of the family shuddered.
This person is serving life sentence in jail. He had not initially disclosed that the woman was his ‘live-in partner’ and was not his legally wedded wife or that he (the man) was already married to someone else. In the petition, the woman has described herself as his wife and the man has also not disclosed that he is not legally separated from his first wife, with whom he has three children.
The High Court said, ‘The law in India and Delhi Jail rules do not allow parole for forming marital relations, that too with a ‘live-in partner’. The court said, “In other words, despite the existence of a legally wedded wife and three children, no convict can claim a fundamental right to have a child with his ‘live-in partner’ within the ambit of law and prison rules. Could, who himself is also a culprit.
The court said the convict’s ‘live-in partner’, who is not legally recognized as a ‘wife’ or ‘life partner’, does not fall within the definition of ‘family’ under the Delhi Prison Rules. Is.
FIRST PUBLISHED: May 9, 2024, 22:35 IST