Kerala High Court
Shweta Janardhan Barve vs State Of Kerala on 26 March, 2025
2025:KER:27227
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 35506 OF 2023
PETITIONERS:
SHWETA JANARDHAN BARVE, AGED 40 YEARS,
W/O SHANTANU PRABHAKAR GAWANDE, RESIDING AT HOUSE
NO 285/6, SIVABHAVANAM, NAMBARUVIKALA, ALUMKADAV
KARUNAGAPALLY, KOLLAM, PIN - 690573.
2 SHANTANU PRABHAKAR GAWANDE, AGED 42 YEARS,
S/O PRABHAKAR GAWANDE RESIDING AT HOUSE NO 285/6,
SIVABHAVANAM, NAMBARUVIKALA, ALUMKADAV
KARUNAGAPALLY, KOLLAM, PIN - 690573.
BY ADVS.
MAHESH V RAMAKRISHNAN
DEEPA SREENIVASAN
RESPONDENTS:
1 STATE OF KERALA,
REP. BY ITS CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
3 DIRECTOR,
APPROPRIATE AUTHORITY, UNDER SURROGACY REGULATION
ACT 2021, DIRECTORATE OF HEALTH SERVICES, GENERAL
HOSPITAL JUNCTION, VANCHIYOOR.P.O,
THIRUVANANTHAPURAM, PIN - 695035.
W.P.(C)No.35506 of 2023 2 2025:KER:27227
4 DISTRICT COLLECTOR,
COLLECTORATE, KOLLAM DISTRICT, PIN - 691013.
5 DISTRICT MEDICAL OFFICER OF HEALTH,
GOVT. GENERAL HOSPITAL, CIVIL STATION,
COLLECTORATE P.O, KOLLAM, PIN - 691013.
6 GYNAECOLOGIST,
DR. MINI S NAIR, GOVT. VICTORIA HOSPITAL,
KOLLAM, PIN - 691001.
7 LIFE LINE SUPER SPECIALTY HOSPITAL,
REPRESENTED BY ITS MANAGING DIRECTOR DR. CYRIAC
PAPPACHAN
MELOOD P.O, ADOOR,KERALA - 691554.
8 JIJI, AGED 34 YEARS,
W/O LATE MANIKANDAN, MANIKANDAN BHAVANAM,
ELAMPALLIL,PAYYANALLORE, PALLICKAL,
PATHANAMTHITTA, KERALA - 690504.
9 MINISTRY OF HEALTH AND FAMILY WEELFARE ,
(DEPARTMENT OF HEALTH AND RESEARCH), GOVERNMENT OF
INDIA, 2ND FLOOR, IRCS BUILDING, NEW DELHI.
( SUO MOTU IMPLEADED AS PER ORDER DATED 24/11/2023
IN WP(C)).
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SREEKANTH S.NAIR
SANDEEP P JOHNSON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.35506 of 2023 3 2025:KER:27227
JUDGMENT
The learned counsel for the petitioner submits that the matter has become infructuous.
Accordingly, this writ petition is dismissed as infructuous.
Sd/-
HARISANKAR V. MENON JUDGE ANA W.P.(C)No.35506 of 2023 4 2025:KER:27227 APPENDIX OF WP(C) 35506/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 18.03.2011 ISSUED BY NAGPUR MUNICIPAL CORPORATION TO THE PETITIONERS.
Exhibit P2 TRUE COPY OF THE THE LATEST RENT AGREEMENT OF THE PETITIONERS DATED 09.10.2023 Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY LIFELINE HOSPITAL ADOOR DATED 11.10.2023 Exhibit P4 THE TRUE COPY OF THE RECEIPT OF THE HEALTH INSURANCE TAKEN IN THE NAME OF THE SURROGATE MOTHER DATED16.10.2023 Exhibit P5 THE TRUE COPY OF THE PROOF OF THE LIFE INSURANCE DATED 16.10.2023 Exhibit P6 THE TRUE COPY OF THE CERTIFICATE ISSUED BY DR.ASWATHI HARIKUMAR DATED 11/10/2023.
Exhibit P7 TRUE COPY OF THE ORDER OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, KARUNAGAPALLY CMP NUMBER 3771/2023 DATED 18/10/2023 Exhibit P8 THE TRUE COPY OF THE REPRESENTATION MADE BEFORE THE 5TH RESPONDENT ON 19.10.2023.
Exhibit P9 THE TRUE COPY OF THE ACKNOWLEDGMENT OF THE REPRESENTATION RECEIVED FROM THE 5TH RESPONDENT OFFICE DATED 19.10.2023.
Exhibit P10 THE TRUE COPY OF THE ACKNOWLEDGMENT OF RENT RECEIPT BY THE 5TH RESPONDENT DATED 26.10.2023.
Exhibit P11 TRUE COPY OF THE ADHAR CARD OF THE FIRST W.P.(C)No.35506 of 2023 5 2025:KER:27227 PETITIONER Exhibit P12 TRUE COPY OF THE ADHAR CARD OF THE SECOND PETITIONER Exhibit P13 TRUE COPY OF THE ADHAR CARD OF THE 8TH RESPONDENT Exhibit P14 TRUE COPY OF THE BIRTH CERTIFICATE OF THE CHILD OF THE 8TH RESPONDENT DATED 05.12.2022 Exhibit P15 TRUE COPY OF THE DEATH CERTIFICATE OF THE HUSBAND OF THE 8TH RESPONDENT SURROGATE MOTHER DATED 22.08.2020 Exhibit P16 THE TRUE COPY OF THE CONSENT LETTER OF THE SURROGATE MOTHER IN MALAYALAM Exhibit P17 TRUE COPY OF THE AFFIDAVIT OF THE SURROGATE MOTHER DATED 14/10/2023 Exhibit P18 THE TRUE COPY OF THE LIST OF DOCUMENTS DATED NIL TO BE PRODUCED BEFORE THE 3RD RESPONDENT WHICH IS REQUIRED FOR THE INTERVIEW ON 31.10.2023 Exhibit P19 THE ADVANCE RENT RECEIPT ISSUED BY THE LANDLORD DATED 09.10.2021 Exhibit P20 THE RENT RECEIPT ISSUED BY THE LANDLORD DATED 11.11.2021 Exhibit P21 THE RENT RECEIPT ISSUED BY THE LANDLORD DATED 10.02.2022 Exhibit P22 THE ADVANCE RENT RECEIPT ISSUED BY THE LANDLORD ON 09/10/2023 Exhibit P23 THE TRUE COPY OF THE ENTIRE MEDICAL HISTORY ATTESTED BY THE NOTARY PUBLIC DATED 30-09-2023 OF THE FIRST PETITIONER IN YEAR 2018 Exhibit P24 THE TRUE COPY OF THE ULTRA SOUND W.P.(C)No.35506 of 2023 6 2025:KER:27227 SONOGRAPHY RESULT DATED 13.10.2023 Exhibit P25 TRUE COPY OF THE APPLICATION FORM FOR INTENDING COUPLE FOR SURROGACY IN FORM NUMBER 10 DATED 11.10.2023 Exhibit P26 TRUE COPY OF THE FORM NUMBER 14 DATED 11/10/2023 Exhibit P27 THE TRUE COPY OF THE FORM NUMBER2 DATED 14/10/2023 Exhibit P28 TRUE COPY OF THE MEDICAL RECORDS OF THE MOTHER OF THE SECOND PETITIONER ISSUED BY THE HOSPITAL DATED 04.09.2023 Exhibit P29 TRUE COPY OF THE LATEST MEDICAL RECORDS OF THE MOTHER OF SECOND PETITIONER DATED 20.10.2023 RESPONDENT ANNEXURES ANNEXURE 1 REPORT FILED BY DEPUTY INSPECTOR GENERAL OF POLICE ANNEXURE 2 THE REPORT OF THE OFFICER DATED 7-11-23 SUBMITTED TO THE DIG EXHIBIT R7 (1) TRUE COPY OF DETAILS OF REQUIRED DOCUMENTS TO BE SUBMITTED BEFORE THE 3RDRESPONDENT FORTHE INTERVIEW TO OBTAIN THOSE CERTIFICATES PUBLISHED IN THE WEBSITE OF DIRECTORATE OF HEALTH SERVICE EXHIBIT R7(2) THE TRUE COPY OF THE IVF DISCHARGE SUMMARY REPORT DATED 05.08.2023 ANNEXURE R5(A) TRUE COPY OF THE REPORT PREPARED BY THE DIG OF POLICE THIRUVANANTHAPURAM DATED 07.11.2023 ANNEXURE R5(C) TRUE COPY OF THE LETTER NO.
2911/TD/2023-KS DATED 30.10.2023 ISSUED BY THE ASSISTANT POLICE COMMISSIONER, KARUNAGAPPALLY TO THE DISTRICT MEDICAL W.P.(C)No.35506 of 2023 7 2025:KER:27227 OFFICER, KOLLAM ANNEXURE R5(D) TRUE COPY OF THE LETTER WITH NO.
U.11019/255/2022-HR DATED 06.01.2023 ANNEXURE R5 (B) TRUE COPY OF THE LETTER SUBMITTED BY THE WOMEN SUB INSPECTOR OF POLICE, SAKTHIKULANGARA DATED 07.11.2023 TO THE DEPUTY INSPECTOR GENERAL OF POLICE THIRUVANANTHAPURAM