Zarka Khan v. Union Of India Thru The Secretary, Ministry Of Law And Justice And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1447 OF 2019 Zarka Khan ... Petitioner V/s.

Union of India and Ors.

... Respondents ---------------- Ms. Neha Philip for the Petitioner.

Ms. Anamika Malhotra for Respondent Nos. 1 and 3. Mr. N.C. Halimbe, AGP for the Respondent.

---------------- CORAM : B.P.DHARMADHIKARI, & REVATI MOHITE DERE, JJ.

DATE : 06th FEBRUARY, 2019 P.C.:

1.

Heard respective Counsel. Perused report received from Sir J.J. Hospital along with forwarded letter dated 06.02.2019. 2.

Envelop containing the forwarding letter and Report has opened in the Court. Perusal of report shows that eight experts have examined Petitioner and fetus. They have found that fetus suffers very serious neurological and other abnormalities in the form of Acrania, Kyphoscoliosis, Omphaloceole and Congenital Diaphragmatic Hernia. The Experts therefore, certified that condition of fetus fulfills the criteria of "Substantial risk of serious physical Handicap". They have taken note of fact that pregnancy has advanced to 26 weeks and hence, permission of Court is necessary. Sneha Chavan 1/2

50 wp 1447-19=.doc Petitioner before committee had reiterated her desire to terminate it. Even today, learned Counsel for Petitioner communicates the same desire.

3.

In this situation, accepting the report, we permit Petitioner to terminate the pregnancy. She shall report at Sir J.J. Hospital by 12.00 noon on 08.02.2019 where necessary procedure shall be undertaken at the earliest.

4.

Parties to act upon an authenticated copy of this order. (REVATI MOHITE DERE, J.) (B.P.DHARMADHIKARI, J.) Sneha Chavan 2/2