Bombay High Court
Dipali Anand Kucheriya vs The State Of Maharashtra And Another on 26 August, 2019
Bench: S.V. Gangapurwala, A.S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10434 OF 2019
Dipali Anand Kucheriya,
Age : 29 years, Occu: Household,
R/o. Anhisa Marg, Shevali,
Taluka & District - Jalna ....Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Public Health and Family Welfare
Department, Mantralaya, Mumbai-32
2. Government Medical College and
Hospital, Aurangabad. ...Respondents
Mr. M.M. Jadhav, Advocate for Petitioner
Mr. S.P. Tiwari, Assistant Government Pleader for
Respondents-State
CORAM : S.V. GANGAPURWALA AND
A.S. KILOR, JJ.
DATE : 26th AUGUST, 2019
ORAL ORDER:
1. The duration of pregnancy is 21 weeks and 04 days.
2. The petition is filed seeking permission to terminate the pregnancy.
3. Under order dated 22nd August, 2019, we had referred the petitioner to the Committee constituted by the Dean, Government Medical College and Hospital, Aurangabad. Pursuant to the said order, the ::: Uploaded on - 27/08/2019 ::: Downloaded on - 28/08/2019 02:18:30 ::: 2 WP-10434-2019..
petitioner is examined by the Committee. The Committee has given the report and opinion. The same reads thus :
"We have thoroughly examined Dipali Anand Kucheriya and her obstetric Sonography report. On obstetric ultra- sonography dated 23/08/19 done at GMC, Aurangabad. Following findings are noted.
a. Length of Pregnancy: Gestational Age of 21 weeks 04 days.
b. Single live intrauterine fetus with hypoplastic left ventricle with hypoplastic mitral valve.
c. Small ascending aorta.
d. Two vessel cord.
e. Placenta previa completely covering internal os.
Taking into consideration the above findings, there is substantial risk that if the child would born, it would suffer from such a physical and mental abnormalities, as to be seriously handicapped and prognosis is poor even after surgical repair. As there is placenta previa completely covering internal os pregnancy has to be terminated by surgical method (hysterotomy and sometimes may need hysterectomy),which carries risk to the mother(of surgery and blood transfusion). Hence, this Committee recommends termination of pregnancy with due risk to mother and the risk is explained to her".
Pregnancy can be terminated at Government recognized centre of choice of patient.
4. As per the report, there is substantial risk that if the child would born, it would suffer from such a physical and mental abnormalities, as to be seriously handicapped and prognosis is poor even after surgical repair. As there is Placenta previa completely covered in internal pregnancy has to be terminated by surgical method.
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5. It is further submitted that the petitioner is explained about the risk involved in the termination of pregnancy. The learned Counsel for the petitioner, on instructions submits that the petitioner wants to proceed with process of termination of pregnancy.
6. Considering the report of the Committee, we allow the petitioner to terminate pregnancy in Government recognized Centre. The Writ Petition is disposed of. No costs.
7. The authenticated copy of this order be provided to the learned Counsel for the parties.
[ A.S.KILOR ] [ S.V.GANGAPURWALA ]
JUDGE JUDGE
mta
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