STUTI RAKESH PAINTER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri Nilay H. Patel for the petitioner, learned GP Ms. Manisha Lavkumar Shah, learned AGP Ms. Aishwarya Gupta and learned AGP Ms. Surbhi Bhati for respondent No.1 State and learned Advocate Shri Rajesh K. Kanani for the respondent No.2.

(2.) By way of this petition, the petitioner has invoked extra-ordinary jurisdiction of this Court praying that appropriate direction may be issued to the respondent to conduct the procedure for collection of sample from the body of Shri Dhruv Kumar Patel, husband of the petitioner No.1 and son of the petitioner Nos.2 and 3. It was contended at the relevant point of time that Shri Dhruv Kumar Patel had been admitted in Critical Care Unit of the respondent No.2 hospital on account of acute COVID 19 symptom since 10.05.2021 and since out of extreme love and affection, the petitioner No.1 wants a child of her husband through IVF procedure for which purpose, sperms had to be collected from the husband of the petitioner No.1 and since the husband of the petitioner No.1 was not in a condition to give consent and more particularly, since the condition of the husband of the petitioner No.1 was stated to be critical at that relevant point of time, therefore, interference of this Court had been sought for. By an order dated 20.07.2021, the Coordinate Bench of this Court (Coram: Ashutosh J. Shastri, J.) has directed as thus:

(3.) In compliance of the said order, the respondent No.2 has filed an affidavit inter alia submitting that on the date of order itself i.e. 20.07.2021, the procedure had been undertaken by Urologist and Embryologist, Dr. Haresh Thummar and Dr. Abhishek Shah respectively and whereas through procedure namely Testicular Sperm Extraction TESE, sperm had been extracted from the body of the husband of the petitioner No.1. It is further informed that since the sperm so extracted, could not be stored with respondent No.2, since the respondent No.2 did not have an appropriate facility, the same had been shifted to one M/s. OASIS Fertility Center, Vadodara. It is further informed that unfortunately, the husband of the petitioner No.1 and son of the petitioner Nos.2 and 3 had expired on 22.07.2021. The petitioner No.1 has also filed a further affidavit on 22.07.2021, confirming the facts as stated by the respondent No.2 hospital, as hereinabove.