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Bombay High Court

A (Mother Of X) vs State Of Maharashtra And 2 Others on 7 January, 2022

Author: Madhav J. Jamdar

Bench: G.S. Patel, Madhav J. Jamdar

                                                                       901-OSWPL-48-2022.DOC




                      Sonali




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                     WRIT PETITION (L) NO. 48 OF 2022


                      A (Mother of X)                                           ...Petitioner
                             Versus
                      State of Maharashtra & Ors                             ...Respondents


                      Mr Ashley David Cusher , for the Petitioner.
                      Mrs PH Kantharia, GP, for the Respondent Nos. 1 & 2.


                                             CORAM        G.S. Patel &
                                                          Madhav J. Jamdar, JJ.
                                             DATED:       7th January 2022
                      PC:-
         Digitally
         signed by

SONALI 1. We have seen the medical report. The medical termination of SONALI MILIND MILIND PATIL pregnancy has been carried out. The child was still-born.

PATIL    Date:
         2022.01.10
         10:49:21

+0530 2. The Petitioner will need to be in hospital for a few days for complete recovery and observation. After that, she may be released into the custody of her parents. The family is from outside Mumbai.

3. As regards compensation, the Petitioner is at liberty to approach the TLSA in the area concerned. We also give the learned Advocate for the Petitioner liberty to apply in this very Petition in regard to compensation or for other reliefs should the need arise, Page 1 of 2 7th January 2022 901-OSWPL-48-2022.DOC notwithstanding that by the present order we are disposing of the Petition.

4. We also grant relief in terms of prayer clause (e) and allow the 'X' to approach a Para-legal Volunteer from the local Legal Services Authority for that purpose. We direct the local Legal Services Authority to provide the necessary assistant through a Para-legal Volunteer.

5. We thank Ms Kantharia and Mr Cusher for their assistance.

6. The Petition is disposed of in these terms.

7. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J) Page 2 of 2 7th January 2022