Justice Swarana Kanta Sharma said that a live-in-partner cannot claim right to have child with her partner who is in jail especially when the convict’s first wife is alive.
The Bench said that granting parole on the ground to have a child or to maintain conjugal relationships with a live-in partner, where the convict already has a legally wedded wife and children born out of that wedlock, would set a harmful precedent.
“In case parole is granted on such grounds, it will open a flood gate of such petitions where many convicts may seek parole on the ground that they have a live-in partner apart from their legally wedded partner or in case of an unmarried convict, a live-in partner who may want to have a child with the convict. In this Court’s opinion, this cannot be permitted within the parameters of existing law as well as the relevant rules for grant of parole under the Delhi Prison Rules, 2018,” the Court said
Source: Barandbench
