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The court ruled on the petition filed by the convict’s wife, who emphasised that her husband's presence was ‘absolutely necessary’ during her ovulation induction process
The Kerala High Court has granted emergency leave to a convict for one week to be with his wife undergoing infertility treatment. The court directed the Central Prison & Correctional Home, Poojappura to release the convict after the wife filed a petition stating that the infertility treatment required the presence of both spouses during the ovulation induction process.
Ovulation induction is the process of helping women to ovulate through medications, on a more consistent, predictable schedule, increasing their chances of getting pregnant.
The decision was delivered by Justice Kauser Edappagath, in exercise of the court’s jurisdiction under Article 226 of the Constitution of India, considering the unique circumstances of the case.
The petitioner wife had approached the High Court seeking emergency leave for her husband, after the application for the same was rejected by the Superintendent of Central Prison & Correctional Home, Poojappura (respondent no.3). The respondent no.3 had rejected the application on the grounds that the requested leave did not fall within Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014.
The court took into consideration the medical certificate issued by the Gynaecologist, which confirmed that the petitioner was undergoing infertility treatment and was in the ovulation induction process. Following the court’s instructions, a subsequent certificate was issued, explicitly stating that the petitioner required her husband's presence during this period. To further verify the claim, the court directed the doctor to appear via video conferencing. During the proceedings, the doctor confirmed that the convict’s presence was absolutely necessary during the the petitioner’s ovulation induction treatment. Additionally, the doctor issued another certificate, specifying that the convict’s presence was required for one week from February 5, 2025.
The court ruled: “Though the reason offered does not strictly fall under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, considering the peculiar nature of the case, I am of the view that the convict can be granted emergency leave from 05/02/2025, exercising the jurisdiction vested with this Court under Article 226 of the Constitution of India.
Consequently, the court directed the Superintendent of the Central Prison & Correctional Home to implement the order accordingly.
Cause Title: Sreekutty v State of Kerala [WP(CRL.) NO. 46 OF 2025]
Appearance: Advocate M.Hemalatha (For the Petitioner); and Senior Public Prosecutor Rejit George (For the Respondents)
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