_Child will face stigma: Madras High Court refuses to release murder convict from prison for wife’s fertility treatment_ *1. Case facts* *Bench*: Justices *N Anand Venkatesh* and *KK Ramakrishnan*, Madurai Bench.

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[14/05, 08:32] Meta AI: *Bar & Bench – May 13, 2026*
*Headline*: _Child will face stigma: Madras High Court refuses to release murder convict from prison for wife’s fertility treatment_

*1. Case facts*
*Bench*: Justices *N Anand Venkatesh* and *KK Ramakrishnan*, Madurai Bench.

*Petitioner*: *Jalani*, wife of convict *I Muthumani*
*Convict*: Muthumani, lodged in Madurai Central Prison. One of 26 convicts sentenced to life in the *Kachanatham caste murders case* – killing of 3 persons from SC community in Sivaganga, 2018.

*Conviction*: Special Court under SC/ST Act sentenced him to *life imprisonment on 3 counts* on Aug 5, 2022. Madras HC confirmed conviction *Feb 26, 2026*. No SC appeal filed – conviction final.

*Prayer*: Jalani sought *21 days ordinary leave* for Muthumani _without escort_ to undergo *fertility treatment* so she could have a child with him.

*2. Prison authorities’ rejection – Sept 11, 2025*
*Grounds*:
1. *Life threat* to convict if released.
2. *Law and order problem* likely.

*3. High Court’s reasoning for dismissal*
1. *Child’s rights paramount*: _“Both the petitioner and the convict were conveniently ignoring the right of a child to be born”_

2. *Stigma on child*:
> _“The child when it enters this world will grow up with a stigma that it is the child of a life convict, who is serving sentence for having committed a heinous crime involving triple murder”_ 120ef1c8

> _“Neither the petitioner nor the convict will have the right to place the child in such an unfortunate position right through its life”_ bdfc

3. *Reformation ≠ right to procreate*: _“The theory of reformation is focused on the convict and that has nothing to do with the desire of a convict to have a child, which for no fault on its part is going to carry a stigma throughout its life”_

4. *Leave not a right*: State argued leave under _Tamil Nadu Suspension of Sentence Rules, 1982_ is _“only a privilege… cannot be claimed as a matter of right”_. Court agreed: _“leave could not be claimed as a right”_ 120e351a

*4. Legal backdrop – Conflicting HC precedents*
**Pro-conjugal/fertility leave** **Against conjugal leave**
**2018, 2022**: Madras HC granted 2-week parole to life convict for infertility treatment. Called it *“legitimate expectation”* **Jan 2022 Larger Bench**: *“Conjugal relationship not fundamental right… specific purpose like infertility treatment may be extraordinary reason”*
**SC guidelines**: Conjugal visits a right, not privilege **2026**: This bench – child’s stigma outweighs parents’ desire
bc7ea400

*Rule 20, TN Suspension of Sentence Rules, 1982*: No specific ground for fertility treatment. Has _“any other extraordinary reason”_ clause. Petitioner argued infertility = extraordinary. Court disagreed. b07a

*5. Key takeaway*
HC prioritized _“right of unborn child to live without stigma”_ over convict’s/ wife’s reproductive rights. Despite earlier orders allowing leave for infertility, this bench said triple murder conviction changes balance. bc7e

*Order*: Petition dismissed. Muthumani stays in prison. f1c8

Want the full judgment PDF or details of Kachanatham case conviction?