Bombay High Court
Yugandhara A Wagharalkar vs State Of Maharashtra on 4 September, 2019
Author: S.J. Kathawalla
Bench: Akil Kureshi, S.J. Kathawalla
905 wp 9793 of 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9793 OF 2019
Yugandhara A. Wagharalkar ... Petitioner
versus
State of Maharashtra ... Respondent
Ms. Aditi Saxena, for Petitioner.
Mr. P.G.Sawant, AGP, for Respondent - State.
CORAM: AKIL KURESHI &
S.J. KATHAWALLA, JJ.
DATE: 4th SEPTEMBER, 2019 P.C.:
1. The above Writ Petition is moved before this Court for urgent admission.
2. The learned Counsel appearing for the Union of India and the learned AGP for State waive service.
3. The Petitioner is 28 years old and is 24 weeks pregnant. She has produced the report/certifcate dated 23rd August, 2019 of Dr. Meeta V. Khajanchi, issued after carrying out High Defnition Ultra Sonography of Gravid Uterus (2nd Trimester Anomaly Scan - Tiffa Scan - Tiffa targeted imaging for foetal anomalies with sono CT and XRES processing. The conclusion set out in the report is reproduced hereunder :
SSP 1/4 ::: Uploaded on - 04/09/2019 ::: Downloaded on - 05/09/2019 02:42:40 :::
905 wp 9793 of 2019.doc "CONCLUSION :
Single, live fetus in a variable presentation of average USG GA of 22 weeks, 4 days which is consistent with the period of amenorrhoea.
The radius of the right hand is not well visualized, the ulna appears short. The fngers of the right hand very not well seen. The left hand appears clenched.
There is cleft lip and palate seen.
Distorted four chamber view. Two ventricules are visible. Two AV valves are visible and normal offset of the septal leafets is absent. Inter atrial septum is not well visualized. There is a 2.6 mm inlet VSD seen. Both the ventricles appear to drain into a common arterial trunk with a 2 vessel view seen at the cardiac outlet. There is regurgitation seen in the common arterial trunk.
The single umbillical artery seen.
EDD according to dating scan is 15th December, 2019, EDD according to this USG is 23rd December, 2019.
We have neither detected nor disclosed the sex of the fetus to anybody in any manner."
4. The Petitioner also carried out Fetal 2D Echo at Bai Jerbai Wadia Hospital for Children. The observations and advise given to SSP 2/4 ::: Uploaded on - 04/09/2019 ::: Downloaded on - 05/09/2019 02:42:40 ::: 905 wp 9793 of 2019.doc the Petitioner and her husband are reproduced hereunder :
"Large Premium ASD with bidirectional shunt. Large Inlet VSD with bidirectional shunt. Two separate AV valves. No AV valve regurgitation. Single great artery arising from RV which appears to be aorta.
Pulmonary artery not visualized. FHR - 142 MM.
ADV.
Parents counselled about complex nature of fetal cardiac anomaly and poor prognosis even after surgical repair."
5. In view thereof, we pass the following order :
(i) We direct that a Medical Board shall be constituted at J.J.Group of Hospitals, Mumbai, comprising of the Dean of the said Hospital, Head of the Department (Gynecology), Professor and Head of Department of Pediatric/Cardiac Surgeon, Professor and Head of Department of Radiology and Head of Psychiatry Department, Professor and Head of Neurological Department and any other expert in the feld as the Dean may deem appropriate to be included.
(ii) The Petitioner will appear before the Board on 5th SSP 3/4 ::: Uploaded on - 04/09/2019 ::: Downloaded on - 05/09/2019 02:42:40 ::: 905 wp 9793 of 2019.doc September, 2019 at 12.00 noon along with her husband.
(iii) The Board shall submit their report before this Court on 6th September, 2019 at 11.00 a.m., setting out whether in thier view it will be advisable to terminate the pregnancy of the Petitioner. They will also mention in the report if any risk is involved with regard to the life of the Petitioner.
(iv) Stand over to 6th September, 2019.
(v) All concerned shall forthwith act on an ordinary copy of this order duly authenticated by the Associate of this Court. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 4/4 ::: Uploaded on - 04/09/2019 ::: Downloaded on - 05/09/2019 02:42:40 :::