Supreme Court to 72-yr-old woman’s rescue in divorce case | delhi | Hindustan Times
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Supreme Court to 72-yr-old woman’s rescue in divorce case

delhi Updated: Dec 02, 2009 00:22 IST
Bhadra Sinha
Bhadra Sinha
Hindustan Times
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Supreme Court has come to the rescue of a 72-year-old breast cancer patient who has been struggling for the past 50 years to save her marriage.

A bench headed by Justice P Sathasivam issued notice on retired professor Vimla Balani’s petition challenging a Delhi High Court judgment that permitted divorce to her 83-year-old retired IPS officer husband.

The bench, however, in its compassion came to Vimla’s aid. It did not suspend the high court direction to the Central Government Health Service Scheme (CGHS) to provide her the life saving drug, Tykerb.

The bench said the supply of drug would continue until the disposal of Vimla’s petition. The retired professor would only get these benefits, as her husband is a CGHS beneficiary. SC order came after Vimla’s counsel RS Suri and Atul Wadehra told the court that their client was entitled to the treatment since the high court judgment had been stayed.

Vimla has moved SC against the February 6, 2009 high court judgment that dismissed her plea not to grant divorce to her husband, Jai Kishan Balani. Her counsel, Wadehra said: “Balani has been flouting court orders with impunity. The high court directed Vimla’s treatment through CGHS, as he failed to comply with the court’s repeated direction to provide her the expensive life-saving drug.”

The couple has been fighting a legal battle since 1967, when Balani first moved the trial court for a judicial separation.

Despite a court order asking them to work out an amicable settlement, Balani apparently never made efforts to get back to Vimla.