The Hindu : New Delhi News : Provide treatment to cancer patient, CGHS told

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Thursday, Jun 26, 2008
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New Delhi

Provide treatment to cancer patient, CGHS told

Staff Reporter

NEW DELHI: The Delhi High Court on Wednesday directed the Director-General of Central Government Health Scheme (CGHS) to provide immediate treatment to the estranged wife of a retired Indian Police Service officer of Rajasthan suffering from breast cancer.

Allowing an appeal by Bimla Balani seeking a direction either to her husband, Jaikishan Balani, or to CGHS to bear the cost of a prescribed drug for treatment of her fast spreading cancer, a Vacation Bench of the Court comprising Justice Ravindra Bhat and Justice Rajiv Shakdhar directed the CGHS authorities to facilitate the treatment of the patient.

The patient had earlier filed an application in the High Court for an immediate direction for her treatment submitting that her husband had failed to comply with an earlier direction by the Court in February 2008 to make arrangements for the same.

But the then Vacation Judge S. L. Bhayana had refused to hear the application, directing the patient to go to a regular Bench when the Court reopened after the summer vacation.

The petitioner then filed an appeal against his order before the Vacation Bench.

The cost of treatment of the patient will be about Rs.1.5 lakh per month and it will continue for one full year.

The patient was married to Jaikishan Balani at Jodhpur in Rajasthan way back in 1956 but differences developed between them after a few years of the marriage.

They had later started staying separately. Thereafter the husband had filed a divorce petition in a court here.

The court had passed a decree in his favour permitting him to divorce his wife in 2007.

Bimla Balani then filed an appeal against the lower court decree in the High Court in 2008. Meanwhile, she was diagnosed with breast cancer.

She sought a direction either to her husband or to CGHS to bear the costs of her treatment on the ground that the husband had the medical liability towards her as she was his legal wife till her appeal was disposed of.

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