This single judge bench dismissed a preenforcement writ petition under Articles 226 and 227 of the Constitution of India for non-prosecution, as successive adjournments revealed the petitioner’s lack of interest in pursuing the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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:
(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:-
O R D E R
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.
present before the court.
Hence, the petition is dismissed for non-
prosecution.
SD/JUDGE
S*
1 provisions across 1 enactments
Smt. Shashi W/o. Late Nagesh
Gunasheela IVF Centre
The Union of India
The State of Karnataka
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
