BALAPPA Vs. SUPERINTENDENT OF OPEN AIR PRISON

JUDGEMENT

(1.) Petitioner, a serving convict for the offences punishable under Sec. 448 & 302 of the Indian Penal Code, 1860, is knocking at the orders of Writ Court seeking some reprieve on the ground that his daughter Kum.Kavya (Huligemma) is getting married on 3/7/2023, preceded by some ceremony on the previous day. Learned Sr. Advocate appearing for the petitioner submits that the customary rules of Hindu Law recognize the right & duty of Kanya Pitrus to participate in the Kanyaadaan which is an essential part of marriage ceremony. Learned Sr. Advocate appearing for the petitioner submits that merely because a person is lodged in a gaol, his right & duty to participate in the marriage ceremony of his children governed by customary rules of Law, do not wither away.

(2.) Learned AGA on request appearing for the respondents opposes the petition contending that the very idea of imprisonment of a convict is to curtail his rights & liberties and therefore, the submission of learned counsel for the petitioner cannot be accepted.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this court is inclined to grant indulgence in the matter consistent with its earlier decision. This court in more or less similar situation having recognized right of parents to participation in marriage ceremony in W.P.No.18978/2021 between SUMA vs. STATE & OTHERS at paragraph 3 has observed as under: