Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 January 2009

Doctor's Certificate on Inconclusive Report

Hi Friends,

This is with regard to my 2-1/2 years old son, who is suffering from a rare kidney disease in one kidney. (The life is not in danger, but the one kidney can be damaged because of it). And the place where my wife resides which is the jurisdiction of this case has no proper medical facilities to the extent that there is not even a single trained nephrologist in the whole district.

I have filed a case for interim and full custody citing his medical condition. In response my wife has provided a certificate of a doctor based on inconclusive report stating that both kidneys are in perfectly fine shape and working fine, however the attached report shows that the kidney has shrunk by 10mm in last 6 months. And also in the absence of Kidney Function Test, no doctor can proclaim that kidneys are working fine.

What action can I take in this regard. I have requested for interim check-up at a place where nephrologists are there. But the request has not been accepted by court.

The reasoning, the damage to kidney will take a long time and it is not a life threatening condition.

I am also furnishing medical opinion of another renowned doctor that such tests are necessary but going by the previous delaying tactics, I don't think the same would be on board soon.

What can I do in such case? I am actually near paranoid as no test has been conducted for last one year, whereas a test was mandatory every quarter.

Is there a provision to have this case dealt speedly?

Would be glad and obliged to recieve any helpful guidance.

Regards,

Shonee Kapoor


Learning

 5 Replies

Ajay kumar singh (Advocate)     30 January 2009

If the court concerned is not ready to expedite the case, please take the matter to the High Court.

Shambasiv (n/a)     30 January 2009

 In case your interim releif petition is dismissed, take it by way of revision to the High Court. Even for speedy disposal of the case, you can approach the High Court.


(Guest)

The request for interim check up has been by way of application and the same has been turned down, then, invoke revisional jurisdiction.  If the request was only oral one, now move the application with supporting medical documents.


Other alternative is, do not ask custody.  But by saying that you would incur all the medical bill, put a requestion to give a direction to the respondent to produce the boy before the nephrologist and provide regular and periodical treatment required for the disease.


Prabhakar

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2009

The request is by way of application.


The court said... they can not move without written statement of the respondent. Which took 3 dates and 4 months. And it has been two months even after that. The court is giving dates only for settling of issues.


Can I move HC in the mean time, how much time HC would take in calling record. Won't that also take a couple of months??? 


 


 

sanjeev murthy desai (Advocate)     31 January 2009

Ys you can moov High Court and it will take hardly  take 1 to 2 months


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