CHAMAN BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been preferred for damages on account of unsuccessful operation of tubectomy.

(2.) SHORT facts leading to the petition are that an operation of tubectomy was performed on the petitioner on 26-2-2000 under the 'Nasbandikaran Scheme' at J.P. Hospital, Tulsi Nagar Bhopal organized by Health Center, Gandhi Nagar, Bhopal and a certificate to this effect was duly issued as contained in Annexure/P-2.

(3.) AFTER hearing the submissions, I am of the opinion that the petition contains no substance. The fact that the petitioner has conceived must have been known to her immediately on account of missing menstrual periods. It is not medically correct that the knowledge of conception became known to her for the first time on 10-1-2005 by the report of sonography. Thus, the petitioner could have availed the medical services of the State Government for termination of pRegulation ncy immediately after she did not wish to have the male child in question.