Bombay High Court
Arti Ganesh Kakade vs The State Of Maharashtra And Another on 18 May, 2021
Author: M.G. Sewlikar
Bench: M.G. Sewlikar
(1)
905 WP 6377-21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 WRIT PETITION NO.6377 OF 2021
Arti w/o. Ganesh Kakade,
Age 24 years, Occ. Household,
R/o. Pimpalgaon Gangdev,
Tq. Phulambri , Dist. Aurangabad. ...Petitioner
Versus
The State of Maharashgtra and Anr. ...Respondents
Mr. D.R. Adhav, Advocate for the petitioner
Mr. S.N. Morampalle, A.G.P. for the respondents
CORAM : M.G. SEWLIKAR, J.
VACATION COURT DATED : 18th MAY, 2021.
PER COURT :
1. Heard.
2. The petitioner is pregnant of beyond 20 weeks i.e. 23 weeks.
She seeks the termination of pregnancy on the ground of fetal anomalies.
3. Petitioner was referred for medical examination by the Expert Committee. She was examined on 17/05/20021 at 2.00 pm. The Expert Committee has submitted its report. The findings of the Expert Committee are as under :
"11. Examination of girl/women done by : All Members of committee.
12. Counselling done by Dr. Pradeep Deshmukh, Asst.Professor, ::: Uploaded on - 19/05/2021 ::: Downloaded on - 19/05/2021 22:33:01 ::: (2) 905 WP 6377-21 Psychiatry.
13. Investigations done :
Sr.No. Investigations done
01. CBC, URINE ROUTINE Hb :- 9.9 gm%, Urine RM-Normal
02. USG Single live intrauterine gestation of 23 weeks, features suggestive of complex congenital heart disease
15. Physical fitness for termination - YES
16. Recommendations by Medical Board for termination :
Recommended
17. Recommended Medical termination of pregnancy because if the child were born it would carry substantial risk to its life.
Termination of pregnancy carries due maternal risk. Surgical intervention & blood transfusion may be required. The risk involved in the said procedure is explained to the patient & her relatives."
3. From the findings of the Expert Committee, it is clear that there are features suggestive of complex congenital heart disease. The expert committee has recommended medical termination of pregnancy of the petitioner because if the child were born, it carries substantial risk to its life. The report further states that the risk involved in the said procedure is explained to the patient and her relatives. Learned Counsel for the petitioner also states that petitioner wants to proceed with the termination of pregnancy.
4. In view of this, petitioner is permitted to terminate her pregnancy from any Government recognized Centre. ::: Uploaded on - 19/05/2021 ::: Downloaded on - 19/05/2021 22:33:01 ::: (3)
905 WP 6377-21
5. The parties to act on authenticate copy.
( M.G. SEWLIKAR ) JUDGE sarowar ::: Uploaded on - 19/05/2021 ::: Downloaded on - 19/05/2021 22:33:01 :::