Kerala HC Grants Emergency Leave to Convict for Wife’s Ovulation Treatment
Pranav B Prem
The Kerala High Court has granted a convict one week of emergency leave to be with his wife, who is undergoing infertility treatment. The court issued the directive to the Superintendent of Central Prison & Correctional Home, Poojappura, after the wife filed a petition stating that the ovulation induction process required the presence of both spouses.
Petitioner’s Plea for Emergency Leave
The petitioner, Sreekutty, approached the High Court after the Superintendent of Central Prison & Correctional Home rejected her request for emergency leave for her husband. The rejection was based on Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, which did not explicitly include such a situation within its provisions. During the hearing, the petitioner submitted a medical certificate issued by her consulting Gynaecologist and Obstetrician, Dr. Mayadevi, confirming that she was undergoing infertility treatment and was in the ovulation induction process. Following the court’s instructions, an additional certificate was issued, explicitly stating that her husband's presence was necessary during the treatment period.
Court’s Consideration of Medical Testimony
In assessing the case, Justice Kauser Edappagath exercised the court’s jurisdiction under Article 226 of the Constitution of India. To further verify the necessity of the convict’s presence, the court directed Dr. Mayadevi to appear via video conferencing. During the proceedings, the doctor confirmed that “the petitioner is taking infertility treatment and she is on ovulation induction process.” She further stated that “during this period, the presence of the convict is absolutely necessary.” The doctor also issued another certificate specifying that the convict’s presence was required for one week starting from February 5, 2025.
High Court’s Ruling
After considering the medical certificates and the unique circumstances of the case, the court observed: “Though the reason offered does not strictly fall under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, considering the peculiar nature of the case, I am of the view that the convict can be granted emergency leave from 05/02/2025, exercising the jurisdiction vested with this Court under Article 226 of the Constitution of India.” Accordingly, the court directed the Superintendent of the Central Prison & Correctional Home to grant the convict emergency leave for one week starting from February 5, 2025. The writ petition was disposed of in these terms.
Cause Title: Sreekutty v State of Kerala
Case No: WP(CRL.) NO. 46 OF 2025
Date: January-31-2025
Bench: DR. JUSTICE KAUSER EDAPPAGATH
[Read/Download order]
