Bombay High Court
Prabhavati Dattatray Jadhav vs State Of Maharashtra on 7 September, 2021
Author: Madhav J. Jamdar
Bench: Ujjal Bhuyan, Madhav J. Jamdar
Priya Soparkar 1 12 wp 4932-21-c
PRIYA
RAJESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOPARKAR CIVIL APPELLATE JURISDICTION
Digitally signed by
PRIYA RAJESH
SOPARKAR
WRIT PETITION NO.4932 OF 2021
Date: 2021.09.08
10:53:22 +0530
Prabhavati Dattatray Jadhav ... Petitioner
V/s.
State of Maharashtra ... Respondent
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Ms.Rachita A. Padwal, Advocate for the Petitioner.
Smt.Ashwini A. Purav, AGP for the Respondent/State.
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CORAM : UJJAL BHUYAN &
MADHAV J. JAMDAR, JJ.
DATE : SEPTEMBER 07, 2021.
P.C.:-
Heard Ms.Rachita Padwal, learned counsel for the petitioner; and Smt. Ashwini A. Purav, learned AGP for the respondent/State.
2. On 1st September, 2021 we had passed the following order :-
"2. Petitioner seeks medical termination of her pregnancy on the ground that the fetus suffers from severe anomalies. It is mentioned that presently the pregnancy is in its 20th week.
3. Having regard to the above, we direct the Dean/ Civil Surgeon of Civil Hospital, Satara to constitute a Medical Board for examination of the Petitioner. Petitioner shall report before the Medical Board within 48 hours.
4. Let report of Medical Board be placed before this Court in sealed cover before the next date.
5. Stand over to 7th September, 2021."
3. Today when the matter is called upon, learned AGP has placed before us report of the medical board dated 3 rd September, Priya Soparkar 2 12 wp 4932-21-c 2021 which we have perused. Medical board has opined that ultrasound findings of the petitioner are suggestive of congenital heart disease which are not correctable and has very poor prognosis for the fetus. Therefore, medical board has recommended medical termination of pregnancy of the petitioner.
4. Having heard learned counsel for the parties and on going through the materials on record including report of the medical board, we grant liberty to the petitioner to undergo medical termination of her pregnancy in a hospital of her choice having adequate facilities.
5. Outcome of the procedure shall be informed to us by the learned counsel for the petitioner on the next date.
6. Stand over to 17th September, 2021.
(MADHAV J. JAMDAR, J.) (UJJAL BHUYAN, J.) ....