Petitioners, convicted of murder, allowed one-day parole to solemnize marriage outside prison.
In a significant ruling, the Karnataka High Court has permitted two life convicts to step out of prison for one day to get married, recognizing their legal right to marry despite the moral complexities surrounding their case. The judgment was delivered by Justice M.G.S. Kamal of the Dharwad Bench on September 25, 2026, in response to a writ petition filed by the convicts, Shridhar and another petitioner.
The case, Shridhar v. State of Karnataka, revolved around the petitioners who were convicted for conspiring to murder the husband of petitioner No. 2, a crime they committed to marry each other. Despite the moral implications, the court emphasized that there is no statutory prohibition against their right to marry, and moral considerations should not override legal entitlements.
The petitioners, having served 3 years, 5 months, and 25 days in custody without any adverse remarks, sought parole to fulfill their social obligation of marriage. The High Court, referring to the Supreme Court's precedent in Asfaq v. State of Rajasthan (2017), highlighted that maintaining family and social ties is a valid ground for granting parole. The court further noted that parole serves as a means for rehabilitation and societal reintegration of convicts.
While the State opposed the parole on grounds that the Jail Manual does not provide for marriage within prison premises, the court decided in favor of a one-day parole. This decision was made considering the absence of adverse remarks against the petitioners and the fact that marriage could not be solemnized in prison due to lack of provision in the Manual.
The court ordered the jail authorities to grant parole between 10:00 a.m. and 05:00 p.m. on a date chosen by the petitioners, ensuring police escort during the ceremony and their return to prison by the stipulated time. The order is to be executed within one week from the receipt of the court's decision.
This ruling underscores the balance between legal rights and moral considerations, affirming the court's role in facilitating rehabilitation and social reintegration of convicts.
Bottom Line :
Parole - Life convicts seeking parole for solemnization of marriage - In absence of any statutory prohibition, right to marry cannot be denied on moral considerations alone - Parole can be granted to enable maintenance of social ties, rehabilitation and realignment with society - Limited one day parole granted subject to police escort and return to jail on same day.
Statutory provision(s): Sections 302, 114, 120-B, 506, and 34 of the Indian Penal Code.
Shridhar v. State of Karnataka, (Karnataka)(Dharwad) : Law Finder Doc id # 2989304
