State of Kerala.
2. The government advised people to resort to laproscopic
sterilization representing that it was a fault free and foolproof. Believing
this representation ... negligence of the first respondent who
conducted the surgery the sterilization failed. On these allegations the
appellant prayed for Rs.1,15,000/- as compensation
December, 2010.
JUDGMENT
Bhavadasan, J,
This is yet another case of failed sterilization resulting in
an undesired and uninvited pregnancy. State is the appellant ... female sterilization. He also mentions about the possible reasons
as to how a female, who has undergone sterilization operation, could
later conceive. No sterilization operation
suit for damages, the cause of
which was a failed sterilization operation at the Government
Hospital. Evidence was led and negligence was found on
appreciation
craving to become a mother through her husband. But the sterility of the respondent as a result of the vasectomy operation has gone to wither ... operation underwent by the respondent. By that operation he become sterile. Thereafter, I fail to understand why he got Sukumara Ghrutham administered
Standard Quality by the
Government Analyst, Kerala as it failed in the test for
sterility through their Test Report in Form No.13
bearing ... sample as not of
Standard Quality as it failed in the test for sterility.
Thus complaint was filed before the Hon'ble Chief
Judicial
attempts to consummate the marriage on 26.05.2018,
27.05.2018, and 02.06.2018 all failed. The marriage was solemnized
on 21.05.2018, and the continued physical incapacity ... husband and asserts that all efforts to consummate the marriage
have failed. The husband, on the other hand, does not deny that the
marriage
Doctor
merely for the reason that such a surgery is failed.
2. The plaintiff gave evidence as PW1. The Doctor, who
has undertaken the second ... same may fail due to various reasons
including recanalisation and that since the plaintiff, who was
cohabiting with her husband, was sterile for more than
mitted that alll
sterilization operations are being done in operation theatres,
wherein only staff with proper authorization and in proper
sterile clothing are permitted ... allegation raised by the
petitioner in para 17 that the Government have failed to
provide STs full access to health, nutritional, and educational
entitlements
annulment of marriage. Impotency contemplated in Section 19 does not signify sterility but incapacity to have normal sexual intercourse. The presence or absence of uterus ... impediment it was held in the said case that the husband failed to prove that the marriage had not been consummated owing to the wife
fixing the liability for the public wrong on the
State which failed in the discharge of its public duty to protect ... argument. We see no effective
answer to it save the stale, and sterile objection that the
petitioner may, if so advised, file a suit
