AG (asf) 20 March 2012

Petition for emergency situation (child is cancer paitent)

My younger son was getting treatment at AIIMS for blood cancer since Aug 2009. My wife abducted my two sons (9yrs and 6yrs) from Gurgaon to Pune in Aug 2011. We lived in Gurgaon for 3 years (before that we primarily in USA at different places. Kids were born in USA).

She left just before the last leg of chemotherapy. And as I feared, my beloved son's cancer got relapsed. As per doctors, rate of survival is just 20 to 30 percent after relapse. Such callous act on her part and I cannot do anything because of laws of the land!

For the sake of the child's life, I would like to know if there is any emergency petition/application I can file to have the child treated at AIIMS where his treatment was going very smoothly. In this emergency situation, it is the life of the child not my wife or my wishes which of paramount importance. Whether custody or no custody, the child right is to get the best treatment. That is what I want to submit to the Hon'ble court.

Every single day my heart cries for him as she does not even let me talk or visit him.

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5 Replies

Adv. Chandrasekhar (Advocate) 20 March 2012

If the child is still in AIIMs, you can file a writ petition in HC of Delhi against AIIMS and your wife but seeking a relief that the child shall not be discharged from the hospital till the attending doctors' satisfaction. You will get relief. If the child is not at AIIMS and in some other hospital at pune, first find out that hospital is competent enough to give treatment to that particular disease. If so, then you should have no complaint. If the child is at mother's residence and is not getting any treatment, then it is really a worrysome situation. You should move custody petition where the child is at present, but along with the petition move urgent application for ex-parte interim relief to admit the child in the competent hospital.

Ranee....... (NA) 20 March 2012

Cant the father do something with the help of police immediately.as Court case would take time?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 21 March 2012

You can file for Habeas Corpus in such scenerio.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

AG (asf) 22 March 2012

He seems to be getting at Deenanath Mangeshkar Hospital at Pune. The thing is it phylosophy of doctors at Pune and that of AIIMS are very different. By and large the private hospitals want kids to be admitted in hospital for obvious reasons. But AIIMS does what is necessary. I even talked an one of the top oncologist in USA, who is also a professor at Standford Univ,, and he was very clear that consider as AIIMS as Harvard of India. He was against the practise of admitting cancer patient in hosptials unless the they are from slums (where hygenic coditions are not good). Even though the cancer dept at Pune is good enough, my wish is that my son can be treated in the best hospital then why shouldn't he be? I wonder if father can fight for this.

Please guide.

Regards.

Tajobsindia (Senior Partner ) 22 March 2012

Originally posted by :AG
"	Mmy wish is that my son can be treated in the best hospital then why shouldn't he be? I wonder if father can fight for this. Please guide. Regards.	"

1. In that case then do Onco. Department study of Deenanath Mangeshkar Hospital and Ruby Hall Clinic (Pune’s first NABH Accredited Hospital and perhaps the best Onco. setup in town) Vs. AIIMS to make your above ‘appeal’ stronger before quickly approaching appropriate forum.

[BTW, in patients staisfaction and R&R survey opinion AIIMS is ranked 2nd. in India]