SHARDA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Bhaskar Pratap Dubey, learned counsel for the petitioner and learned Standing Counsel on behalf of the respondents and perused the record. Factual matrix of the present case are that the petitioner Smt. Sharda Devi, W/o Sri Vijay Kumar Dubey, R/o Village Malawan (Nandlal Ka Pura) Block Tarun, Tehsil Bikapur, District Faizabad had got five issues out of the wedlock, so they took a decision that they do not want any further issue taking into consideration the economic condition of the family. Accordingly it was mutually considered by petitioner Nos. 1 and 2 to go for Tubectomy operation. Accordingly, the same was performed on 19.01.2001 at the health centre Tarun, District Faizabad under the supervision of Dr. Ganga Ram who is the incharge of the said health centre and performed by the Surgeon namely Dr. Ram Sumer. In spite of the abovesaid fact, after expiry of nearly one and a half year, the petitioner No. 1 again became pregnant and gave birth a female child namely Kumari Satya Bhama (Petitioner No. 1) on 22.11.2002.

(2.) In view of the abovesaid circumstances, the present writ petition has been filed on behalf of the petitioner on the ground that due to medical negligence on the part of the Doctors of health centre, Known as Tarun, District Faizabad, an unwanted child was born on 22.11.2002. As the petitioner Nos. 1 and 2 have no other source to maintain their unwanted child, a compensation to the tune of Rs. 8,00,000/- has been claimed by the Petitioner Nos. 1 and 2 for upbringing their unwanted child i.e. petitioner No. 1 who is born only due to sheer negligence on the part of respondent Nos. 4 and 5 and further a sum of Rs. 5,00,000/- was claimed for marriage of petitioner No. 3.

(3.) In support of the relief as claimed by the petitioners, on their behalf Sri Bhaskar Pratap Dubey, learned counsel for the petitioner had relied on the following judgments namely:--