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august 2005

Supreme Court of India · 2005-08-29

STATE OF HARYANA vs RAJ RANI

Citation / case number
SC 2002/63308
Court
Supreme Court of India
Petitioner
STATE OF HARYANA
Respondent
RAJ RANI
Author
R.C. LAHOTI,G.P. MATHUR,P.K. BALASUBRAMANYAN
Bench
CJI R.C. LAHOTI,G.P. MATHUR,P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court held that a surgeon can only be held liable for an unwanted pregnancy following a sterilization operation if negligence can be proven, as established in State of Punjab v. Shiv Ram & Ors. The Court clarified that natural causes, such as spontaneous recanalisation, can lead to pregnancy despite a successful surgery, which does not imply negligence. Consequently, the appeals by the State of Haryana were allowed, the lower court decrees were set aside, and all suits were dismissed, with no order for costs, but any payments made by the State would be treated as ex gratia.

STATE OF HARYANA vs RAJ RANI · Niyam