Bombay High Court
Kiran Kailas Gavhande And Ors vs Union Of India Through The Secretary And ... on 20 December, 2018
Author: Bharati H. Dangre
Bench: S.C. Dharmadhikari, Bharati H. Dangre
(901)ASWP14494.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 14494 OF 2018
1 Kiran Kailas Gavhande & Anr. ... Petitioners
Vs
1 Union of India & Ors. ... Respondents
Ms. Neha Philip for the Petitioners.
Mr. S.B. Kalel, AGP, for the Respondent No.2-State.
CORAM : S.C. DHARMADHIKARI &
SMT. BHARATI H. DANGRE, JJ.
THURSDAY, 20TH DECEMBER, 2018 P.C. :
1 In this writ petition, the prayer is that the petitioner Nos.1 and 2 be examined by a Committee / Board and on the basis of its report, the Court may allow petitioner No.1 to terminate the pregnancy.
2 It is stated that the petitioner Nos.1 and 2 and petitioner Nos.3 and 4 have executed an agreement. The petitioner Nos.3 and 4 are the intended parents. The petitioner Nos.1 and 2 are residents of village Varwand, Mehkar, District SRP 1/4 ::: Uploaded on - 20/12/2018 ::: Downloaded on - 25/12/2018 22:11:32 ::: (901)ASWP14494.18.doc Buldhana in the State of Maharashtra. The surrogacy agreement is between them and the petitioner Nos.3 and 4. It is executed on 19th March, 2018, a copy of which is at Exhibit-A. 3 At a routine check-up and screening, the petitioner No.1 was informed that the fetus has a serious defect in the heart and that is why after obtaining the report of a Consultant Paediatric Cardiologist, decision was taken to terminate the pregnancy. However, the law requires (The Medical Termination of Pregnancy Act, 1972; for short "MTP Act") a whole gamut of procedures to be gone through and it is not the determination of the petitioners which can be said to be decisive. Therefore, in terms of the legal provisions, we requested Mr. Kalel, learned AGP, who has accepted notice and waived service for the respondent No.2 to then get in touch with the concerned officials of the B.J. Medical College and Sassoon General Hospital, Pune. It is a Government Hospital. Though the agreement is executed at Pune, yesterday, we were anxious to know whether petitioner Nos.1 and 2 and particularly petitioner No.1 who is stated to be residing in Mehkar, Buldhana District can undertake the journey to Pune and present herself before the Dean.
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(901)ASWP14494.18.doc 4 Today, on instructions, the petitioners' advocate says that for the purpose of employment and the livelihood, the petitioner Nos.1 and 2 are presently in Pune. Therefore, no question of a journey being undertaken will arise. On such date and time stipulated by this Court, the petitioner No.1 will be brought before the Dean of this College / Hospital and thereafter, the Dean can take the requisite steps in accordance with law. 5 Mr. Kalel says that he has taken necessary instructions and the petitioners can present themselves before the Dean tomorrow i.e. Friday 21st December, 2018. 6 Accordingly, and subject to further orders, we direct that let the Dean then take the requisite steps after the petitioner No.1 is brought before him / her and duly identified, to cause an examination to be carried out in terms of the legal provisions by a duly constituted Committee / Board. Needless to state that all the Specialists and Experts in the field shall be a part of the Board. After examination, let the Dean forward a report of this check- up/examination in a sealed cover to the learned AGP. SRP 3/4 ::: Uploaded on - 20/12/2018 ::: Downloaded on - 25/12/2018 22:11:32 :::
(901)ASWP14494.18.doc 7 We post this matter on Wednesday, 26 th December, 2018, before the learned Vacation Judge, subject to the convenience of the concerned learned Vacation Judge. SMT. BHARATI H. DANGRE, J. S.C. DHARMADHIKARI, J. SRP 4/4 ::: Uploaded on - 20/12/2018 ::: Downloaded on - 25/12/2018 22:11:32 :::