The Kerala High Court exercised extraordinary jurisdiction to grant parole of 15 days to life convict for marriage and noted that even after the convict was sentenced to undergo life imprisonment, the girl's love continued.

The Kerala High Court considered a criminal writ petition seeking grant of parole for marriage of life convict.

A Bench of Justice P.V. Kunhikrishnan observed, “I am exercising my extraordinary jurisdiction to grant parole to the convict for a period of 15 days, not looking towards the convict, but looking towards the girl who is ready to marry because of her love and affection for the person with whom her marriage is fixed. She did not change her stand even after the court convicted the convict with life imprisonment. I am of the considered opinion that 15 days' parole can be given to the convict. Let that girl be happy, and this Court shower all blessings upon her.”

Advocate P. Mohamed Sabah represented the Petitioner, while Advocate Seetha S. represented the Respondent.

Case Brief

The Petitioner submitted that the marriage of the convict was arranged prior to the judgment of conviction itself. The convict submitted an application on July 3, 2025 to the Superintendent seeking emergency parole for his marriage. However, the same was rejected on the ground that, according to the prison rules, there is no provision for granting emergency leave to a convict for his own marriage. Aggrieved by the same, the Writ Petition was filed.

The convict and others hatched a conspiracy to murder a person and attacked the victim, who was succumbed to the injuries.

Court’s Analysis

The Court opined that the instant case is of where a brave and loving girl wants to marry the son of the petitioner, who is undergoing life imprisonment and quoted Maya Angelou, “Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope.”

"I am looking at this case from the angle of that girl who decided to marry the convict. Even after the convict was sentenced to undergo life imprisonment, her love continues. In other words, she says that “you are my today, my tomorrow, and my forever.” She says that “you are my soul mate, my partner, my best friend.” This Court cannot neglect the brave stand of that girl who is ready to marry the convict, even though she knows that her partner is in jail and is undergoing life imprisonment.”, the Court said.

Accordingly, the Writ Petition was allowed.

Cause Title: Sathy V. State of Kerala (Neutral Citation: 2025:KER:51323)

Appearance:

Petitioner: Advocates Sri.P.Mohamed Sabah, Sri.Libin Stanley, Smt.Saipooja, Sri.Sadik Ismayil, Smt.R.Gayathri, Sri.M.Mahin Hamza, Shri.Alwin Joseph and Shri.Benson Ambrose

Respondent: Advocate Seetha S. (Senior Public Prosecutor)

Click here to read/download Judgment


Kerala High CourtJustice P.V. Kunhikrishnan

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.