A couple lodged in Jaipur's open jail wanted to have a child through IVF technology. They approached the Rajasthan High Court with their application, but his writ was rejected from there. After that, the couple approached the Supreme Court. The top court, after hearing both of them carefully, decided that both should be provided such an environment so that they can fulfill their heart's desire.

In order to allow a 45-year-old woman to receive maternity care, the Supreme Court of India authorised the transfer of two life convicts, a husband and wife team, to an open jail in Udaipur on February 10. The court also urged the relevant officials to "sympathetically" consider the couple's request for parole. After the Rajasthan High Court denied their request for "emergent parole" last year on the grounds that the wife already had two children from a previous marriage, the petitioners turned to the Supreme Court. Upon hearing a special leave petition challenging the high court's decision, a division bench of Justices Surya Kant and J.K. Maheshwari stated:

“The petitioners are life convicts and presently they are lodged in Open Air Camp, Durgapura, Jaipur, Rajasthan where they live together in a quarter. It is an open jail. Since the first petitioner is getting treatment from Geetanjali Medical College and Hospital, Udaipur, the authorities are ready and willing to shift the petitioners to open jail at Udaipur. It goes without saying that if the petitioners pray for such transfer, appropriate orders shall be passed within two weeks.”

The Rajasthan High Court's Jaipur bench and the Supreme Court both held distinctly different positions on the subject of parole. According to the contested judgement, the high court refused the convicts' request for emergency parole in May of last year on the grounds that the wife already had two children from a prior marriage who were 23 and 16 years old. “Both the petitioners, while on parole entered into a marriage before the Arya Samaj, and the said marriage is not registered,” noted the bench comprising Justices Pankaj Bhandari and Anoop Kumar Dhand. It further added, “Even otherwise as far as progeny goes, the first petitioner has already two children from the earlier marriage. Emergent paroles as per the Rajasthan Prisoners Release on Parole Rules, 2021 can only be granted in emergent cases involving humanitarian consideration. Having a child through IVF when the first petitioner already has two children cannot be considered as an emergent case for release on parole, hence, we are not inclined to entertain the writ petition.”

The petitioners are free to obtain release so that the pair can undergo in vitro fertilisation, the Supreme Court's bench, led by Justice Surya Kant, insisted. The request must be treated "sympathetically" by the relevant authorities within two weeks of the date it is submitted.