MP: Woman Asks Jabalpur High Court To Release Husband On Bail As She Desires To Conceive

MP: Woman Asks Jabalpur High Court To Release Husband On Bail As She Desires To Conceive

The woman has attached an order of the Rajasthan High Court in the petition.

Harshita MaheshwariUpdated: Monday, December 18, 2023, 02:25 PM IST
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Khandwa (Madhya Pradesh): A Khandwa woman has filed a petition in the Jabalpur High Court to release her husband from Indore jail on bail as she desires to have a child. Her petition is to be heard on Monday. The hearing will be held in the bench of Judge Vivek Aggarwal. The husband of the Khandwa woman is lodged in Indore jail.

The woman has attached an order of the Rajasthan High Court in the petition. Through which she claimed that having children is her fundamental right.

While hearing the lady’s petition in November, Justice Vivek Aggarwal had ordered the Dean of Netaji Subhash Chandra Bose Medical College to form a team of 5 doctors to find out whether the woman is fit to conceive or not. The next hearing date was fixed for December 18. The team of doctors has presented the report in the court.

The woman in the petition has said that her husband has been sentenced to imprisonment after being found guilty in a criminal case. She had expressed her desire that she wants to enjoy the happiness of motherhood, for which her husband should be granted temporary bail for a month.

Rajasthan High Court had given parole for 15 days

In the decision of Rajasthan High Court which the woman from Khandwa has attached in her petition, she had requested to release her husband in order to conceive. The court had ordered the release of her jailed husband on parole for 15 days.

This decision was given by the division bench of Justice Sandeep Mehta and Justice Farzand Ali of Rajasthan High Court. The court had said that there is no clear provision in the Parole Rules 2021 to release a prisoner on parole on the basis of having a child with his wife. During the hearing, Justice Farzand Ali said that according to Hindu philosophy, conception i.e. receiving the wealth of the womb is one of the 16 sanskars. The court said that in Judaism, Christianity and some other religions, birth has been called a divine order. Preservation of lineage is considered in Islamic Sharia and Islam.

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