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In a recent ruling, the Delhi High Court has made a big decision. It ruled that parole cannot be granted solely conjugal visits with live-in partners under Indian law.
This decision came in response to a plea by Sonu Sonkar. He’s a murder convict seeking parole to consummate his marriage with his live-in partner.
Justice Swarana Kanta Sharma presided over the case. They stated that Indian law does not allow the grant of parole on the grounds of maintaining a conjugal relationship with live-in partners.
The court emphasized that a live-in partner does not have the right to claim conjugal rights. This applies especially when the convict’s legally wedded wife is alive and when they have children as well.
The ruling underscored the concern that allowing parole for conjugal visits with live-in partners would create a problematic precedent. It could lead to a flood of similar petitions.
Convicts might seek parole based on having additional live-in partners. They might even ask for it for the purpose of having children outside of their legally recognized marriages.
Justice Sharma clarified that a live-in partner does not fall within the definition of a “family member”. He mentioned this as per the Delhi Prison Rules.
The court emphasized that a live-in partner, lacking legal recognition as a spouse, cannot be considered as part of the convict’s family under the relevant prison regulations.
Sonu Sonkar, the petitioner in this case, had been granted parole multiple times previously. During one such parole, he married another woman.
His current plea was filed seeking parole to maintain conjugal relations with this new partner. However, the court noted that there was no evidence presented to prove this marriage. There was no evidence to demonstrate that Sonkar had legally dissolved his first marriage either.
Justice Sharma also pointed out that the issue of consummating the marriage with the second woman did not apply. This is because she was already pregnant and had given birth to a stillborn child. Additionally, Sonkar already had three children from his first wife.
The Delhi HC rejects Sonkar’s plea for parole on the grounds of maintaining a conjugal relationship with his live-in partner. The court highlighted the lack of legal standing for such requests. It also mentioned the potential adverse implications on existing legal and regulatory frameworks governing parole.
Advocates Ansh Makkar and Vaibhav Sinha represented Sonu Sonkar in this case. On the other hand, Additional Standing Counsel Amol Sinha appeared for the Delhi Police. The respondents were represented by advocates Kshitiz Garg, Ashvini Kumar, and Chavi Lazarus.
This ruling by the Delhi High Court acts as a big reaffirmation. It highlights that parole cannot be granted solely for the purpose of conjugal visits with live-in partners under Indian law. This further shows the importance of adhering to existing legal norms and definitions within the prison system. Stay tuned at Rajesh Kshetry for more of the latest news.
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