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2026 Supreme(Online)(Ker) 12967

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ASHWINI K. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ARJUN SREEDHAR, SHRI.ARUN KRISHNA DHAN, SHRI.T.K.SANDEEP, SMT.SWETHA R., SHRI.ADWAITH KRISHNA K.G., SMT.ANJANA S.S., SMT.SNEHA ANNA MATHEW
For the Respondents: SRI.SANAL P RAJ, PP

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“1. Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd respondent to release the husband of the petitioner, Mr. K.G.Kishorkumar @ Kishor on Special leave/Emergency leave for a period of 2 months to attend to the surgery and post-operative care of his minor son, under Rule 400 of the Kerala Prison’s and Correctional Services (Management) Rules, 2014.

2. Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd respondent to consider and pass orders on representation of the petitioner within a time frame as may be fixed by this Hon’ble Court.

And

3. Grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case”

2. The petitioner is the wife of a convict. Petitioner’s husband has been convicted in S.C.No.937/2012 on the file of the Additional Sessions Court-II, Kasaragod, for the offences punishable under Sections 153A, 341, 302, 120(B) r/w Section 34 of IPC. He has been sentenced to undergo various terms of imprisonment including imprisonment for life. The petitioner

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