Shrimati Nitu Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3211 of 2020 Shrimati Nitu Soni W/o Shri Ssanjay Soni Aged About 28 Years R/o Ward No. 5, Yadav Nagar, Tifra, Police Station Sirgitti,. Tehsil And District Bilaspur, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Health Services Mahanadi Bhawan, Naya Raipur, District Raipiur, Chhattisgarh.

2. Chief Medical Officer/ Chairman District Medical Board, Bilaspur District Bilaspur, Chhattisgarh.

3. Head Of Deapartment (Gynecology) District Hospital, Bilaspur, District Bilaspur, Chhattisgarh. Respondents For the applicant :

Mr. Mahendra Dubey, Advocate For the State :

Mr. Gagan Tiwari, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .01.2021

1. The prayer made in this writ petition is to direct the respondents for termination of pregnancy of the petitioner under the provisions of The Medical Termination of Pregnancy Act, 1971.

2. In compliance of this Court order dated 24.12.2020 the petitioner was examined by the Gynecologist expert and the recent report dated 31.12.2020 given by the Chief Medical Officer, Bilaspur, which is placed on record purports that as per the recent sonography test conducted on 26.11.2020, there was living child of 29 weeks and 4 days in the womb. The report of the CMO, Bilaspur further shows that according to the Gynecologist the petitioner carries the pregnancy of

35 weeks and the child is alive, therefore, under the circumstances the termination of pregnancy cannot be done.

3. In view of the report dated 31.12.2020, at this stage, the medical termination of pregnancy cannot be ordered under the provisions of the Medical Termination of Pregnancy Act, 1971. Accordingly, this writ petition is dismissed. Sd/- GOUTAM BHADURI JUDGE R a o