Legal Claim

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As per Med­i­cal Ter­mi­na­tion of Preg­nancy Act, 1971, once the woman misses the men­strual cy­cle, it is ex­pected of the cou­ple to visit the doc­tor and seek med­i­cal ad­vice. Sec­tion 3 of the Act per­mits ter­mi­na­tion of preg­nancy by a reg­is­tered med­i­cal prac­ti­tioner, notwith­stand­ing any­thing con­tained in

If a woman who has un­der­gone ster­il­iza­tion op­er­a­tion be­comes preg­nant due to ‘nat­u­ral causes’, there can­not be any ground for claim. It is for the woman who has con­ceived the child to go or not to go for med­i­cal ter­mi­na­tion of preg­nancy. Hav­ing gath­ered the knowl­edge of con­cep­tion in spite of hav­ing un­der­gone ster­il­iza­tion op­er­a­tion, if the cou­ple opts for bear­ing the child, it ceases to be an un­wanted child. Com­pen­sa­tion for main­te­nance and up­bring­ing of such a child can­not be claimed. The cause of ac­tion for claim­ing com­pen­sa­tion in cases of failed ster­il­iza­tion op­er­a­tion arises on ac­count of neg­li­gence of the sur­geon and not on ac­count of child­birth.

The Case

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