Karnataka High Court
Smt. Shashi vs Gunasheela Ivf Centre on 19 July, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2022
BEFORE
THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA
WRIT PETITION No.36018/2013 (GM-RES)
BETWEEN:
SMT. SHASHI
W/O. LATE NAGESH,
AGED ABOUT 29 YEARS,
R/AT NO.20, 1ST MAIN, 1ST CROSS,
DEEPANJALI NAGAR,
MYSORE ROAD,
BANGALORE - 560 026. ... PETITIONER
(BY SRI. V.R. SARATHY, ADVOCATE (ABSENT))
AND:
1. GUNASHEELA IVF CENTRE,
REP. BY ITS MANAGING DIRECTOR,
NO.1, DEWAN N. MADHAVA RAO ROAD,
BASAVANAGUDI,
BANGALORE - 560 024.
2. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF HEALTH AND FAMILY
WELFARE SERVICES,
A-WING, NIRMAN BHAVAN,
NEW DELHI - 110 011.
-2-
3. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY
WELFARE SERVICES,
VIKASA SOUDHA,
BANGALORE - 560 001.
(R-2 AND R-3 ARE AMENDED
CAUSE TITLE VIDE COURT
ORDER DATED 07.01.2015) ... RESPONDENTS
(BY SMT. AISHWARYA A.K., ADVOCATE FOR R-1 (NOC);
SRI. H. SHANTHI BHUSHAN, ASG FOR R-2;
SMT. K. SHOBHA, HCGP FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO DIRECT THE RESPONDENT CENTRE TO ALLOW THE
PETITIONER TO ACCESS HER HUSBAND FROZEN SEMEN
DEPOSITED IN THE RESPONDENT CENTRE AND WITH A
FURTHER DIRECTION TO THE RESPONDENT TO ALLOW
THE PETITIONER TO UNDERGO REPRODUCTIVE PROCESS
FROM THE FROZEN SEMEN THROUGH THE ASSISTED
REPRODUCTIVE TECHNIQUES OF IVF/ICSI IN ORDER TO
CONCEIVE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:-
-3-
ORDER
Perusal of the order sheet depicts that on 08/04/2022, there was no representation on behalf of the petitioner. Again on 22/04/2022, the petitioner remained absent and the case was adjourned to 24/05/2022 on which day, at the request of learned Additional Solicitor General, the matter was adjourned to next week and there was no representation on behalf of the petitioner. Even today, there is no representation on behalf of the petitioner.
2. Learned Additional Solicitor General is present before the court.
3. In view of the orders dated 08/04/2022, 22/04/2022 and 24/05/2022 as well as today (19/07/2022), there being no representation on behalf of the petitioner would clearly depict that the petitioner is not interested in prosecuting the matter. -4- Hence, the petition is dismissed for non- prosecution.
SD/-
JUDGE S*