X Thru Her Husband Chetan Pravin Solanki v. Union Of India Thru The Office Of Ministry Of Health , And ORS

501-wp-117.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 117 OF 2019 X through her husband, Mr. Chetan Pravin Solanki ... Petitioner

Versus

Union of India and Ors.

...

Respondents Adv Ameeta Kuttikrishnan for the Petitioner/s. Adv Shilpa Kapil for R. No. 1.

Adv. S.D.Vyas, "B" Panel Counsel for the respondent State. CORAM : B.P. DHARMADHIKAKRI & REVATI MOHITE DERE, JJ.

DATE :

JANUARY 11, 2019 P.C.:

Due to urgency, taken on production board.

2.

In furtherance of the order dated 4/1/2019, the Committee of Experts has submitted its report in a sealed envelope. We have perused the report. The Committee has pointed out that as under :

"UPON EXAMINATION & AFTER CAREFUL STUDY OF MULTIPLE SONOGRAPHY REPORTS, IT IS CONOFIREMD THAT THE FOETUS SUFFERS FROM nilegaonkar 1/2

501-wp-117.2019.odt SERIOUS NEUROLOGICAL ABNORMALITY IN THE FORM OF ARNOLD CHIARI MALFORMATION TYPE 2 WITH HYDROCEPHALUS, KYPHOSCOLIOSIS OF SPINE AND SPINA BIFIDA WITH SMALL CEREBELLUM".

2.

The Committee also records that the situation has been explained to the petitioner and she has voluntarily expressed desire to terminate the pregnancy. The committee submits that if the court permits the pregnancy can be terminated. 3.

In this situation, we permit the petitioner to terminate the pregnancy. She shall report at JJ Hospital at 11.00 a.m. on 12/1/2019 where the Doctor shall then carry out necessary procedure at the earliest.

4.

Writ Petition is Disposed of.

5.

All concerned to act on authenticated copy of this order. (REVATI MOHITE DERE, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2