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Judgment
5 paragraphs · 213 wordsDr.Kauser Edappagath, J
The petitioner is the wife of one Sanal Kumar @ Malik, who is undergoing life imprisonment at Central Prison and Correctional Home, Poojapura, Thiruvananthapuram. The convict has filed an application for emergency leave to register his marriage with the petitioner under the Special Marriage Act. The said application was dismissed as per Ext.P3 order on the ground that the reason shown for emergency leave does not fall within Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules, 2014 (for short ‘the Rules). It is challenging the said order, the petitioner has approached this Court.
I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
The petitioner and the convict were married even before he was convicted. Now, the convict wants to register the marriage with the petitioner. As rightly held in the impugned order, the said reason would not fall within Rule 400 of the Rules. However, the convict can very well seek for escort parole to register the marriage. If the convict files an application seeking escort parole to register his marriage under the Special Marriage Act, the same shall be allowed by the 3rd respondent in accordance with law.
The Writ Petition is disposed of as above.