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Bombay High Court

Bhagyashri Rohit Tarde vs The State Of Maharashtra And Another on 6 August, 2021

Author: R. N. Laddha

Bench: S. V. Gangapurwala, R. N. Laddha

                                   1                                 wp 8303.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

              1038 WRIT PETITION NO.8303 OF 2021

                 BHAGYASHRI ROHIT TARDE
                          VERSUS
          THE STATE OF MAHARASHTRA AND ANOTHER
                           ...
    Advocate for Petitioner: Mr. Jadhav Mangesh M.
         AGP for Respondents: Mr. S. P. Tiwari
                           ...

                               CORAM: S. V. GANGAPURWALA &
                                      R. N. LADDHA, JJ.
                               DATE:    06th AUGUST, 2021

 PER COURT:

1. The petitioner seeks permission to terminate the pregnancy.

2. The petitioner was referred to the Expert Committee at Government Medical College and Hospital, Aurangabad. The Expert Committee examined the petitioner and submitted the report. The relevant part of the report reads thus-

"13. Investigations done:
Sr.No. Investigations done
01. CBC, URINE ROUTINE Hb:- 11.2 gm%, Urine RM-Normal
02. USG Single live intrauterine gestation of 21 weeks 5 days with dilated right atrium and right atrial appendage, echogenic focus in left ::: Uploaded on - 06/08/2021 ::: Downloaded on - 07/08/2021 08:14:24 ::: 2 wp 8303.2021 ventricle and non-visualization of right kidney in right renal fossa
14. Additional findings and observations: N.A.
15. Physical fitness for termination - YES
16. Recommendations by Medical Board for termination:
Recommended
17. Recommended Medical termination of pregnancy because continuation carries substantial risk to the fetus.

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 husband. Pregnancy can be terminated at any place approved by government and according to wish of the women.

18. Date and Time: 05/08/2021. AT 2:00 PM"

3. The Expert Committee upon examining the petitioner has recommended termination of pregnancy. It has opined that continuance of pregnancy carries substantial risk to the fetus. The risk involved is explained to the petitioner and her husband.
4. The learned Counsel for the petitioner submits that the risk involved in termination of ::: Uploaded on - 06/08/2021 ::: Downloaded on - 07/08/2021 08:14:24 ::: 3 wp 8303.2021 pregnancy is explained to the petitioner. The petitioner wants to proceed further with the termination of pregnancy.
5. In light of the opinion of the Expert Committee, the petitioner is permitted to terminate the pregnancy at a Government recognized centre.
6. Writ Petition accordingly stands disposed of. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe ::: Uploaded on - 06/08/2021 ::: Downloaded on - 07/08/2021 08:14:24 :::