40-year-old woman moves MP High Court for having child with her jailed husband

The woman has sought her husband's bail for having a baby with him. The court has ordered a team of doctors to examine the petitioner's medical condition and take a decision after getting her report. The next hearing has been scheduled on November 22.

Jabalpur: A 40-year-old woman from Khandwa in Jabalpur has filed a petition in the Madhya Pradesh High Court seeking bail for her husband, who is serving life sentence in Indore jail, so that they can have a child.

The petitioner said that her right to become a mother has been snatched away from her because her husband is in jail. During the hearing in high court bench of Justice Vivek Aggarwal, the petitioner's advocate Vasant Daniel said Article 21 under the Indian Constitution gives every resident the right to enjoy the happiness of having a child. The woman told the court that she is 40 years old and her husband was sentenced to life imprisonment under sections 351 and 302 of the IPC seven years back.

Advocate Santosh Kathar, on behalf of the government, stated that the woman may not be able to bear a child since she is old.

After the hearing, Justice Vivek Aggarwal ordered for the woman's medical examination to ascertain whether it is possible for her to conceive or not. A team of five doctors from Subhash Chandra Bose Medical College in Jabalpur has been set up for conducting the petitioner's medical examination. Also, the team should include three gynecologists, one physiotherapist and one endocrinologist. The court said that further hearing will be held on the basis of her medical report.

The next hearing of the case has been scheduled on November 22. Advocate Daniel said that there is a possibility that the court will give its verdict in favour of the petitioner after seeing her medical report. He said that till now a few such cases have come from different courts of the country. An instance from Rajasthan High Court was taken during the hearing in which the prisoner's right to have a child under Article 21 was commented upon.

"If the court gives permission to the petitioner then thousands of prisoners can try to take their family forward in a similar manner," said a lawyer.