Undertrial seeks court help to consummate marriage

New Delhi, April 9 (IANS) The Delhi High Court Tuesday issued notice to government on a plea of an undertrial in a murder case seeking interim bail to consummate his marriage.

Justice Mukta Gupta asked the city government to file a reply and posted the matter for May 7.

Sandeep Tyagi, 28, an accused in a kidnap-cum-murder case and lodged in jail for the past five years, moved court seeking interim bail for 45 days so as to consummate his marriage which he described as his fundamental right.

“The petitioner is seeking interim bail for 45 days so as to consummate his marriage with his wife, and attain fatherhood and exercise his right to fatherhood/parenthood as … part and parcel of Article 21 of the constitution,” the plea said.

The petitioner said he and his wife were employed in the paramilitary and could not consummate their marriage due to tough work schedules before the kidnapping-cum-murder case was registered against him.

He said he got married Feb 1, 2008 and got involved in the present case Oct 25, 2008.

“During this period of eight months, the couple could not consummate the marriage, plan their children and pregnancy, because at that time the wife of petitioner was preparing for an exam for direct recruitment as constables and head-constables, and it was pre-requisite for such selections that the candidate should not be pregnant at the time of interview,” the petitions said.

The petitioner submitted that his wife was 28 years old and stayed alone in a flat in Delhi.

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