Xyz And ANR v. State Of Maharashtra Thr The Principal Secretary Public Health Dept

2023:BHC-AS:26640-DB

1. WP 11266-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 11266 OF 2023 XYZ and Anr.

...Petitioners

Versus

The State of Maharashtra through The Principal Secretary, Public Health Dept. ...Respondent Ms. Gauri Velankar for the Petitioners.

Mrs. M.P.Thakur, A.G.P for the Respondent-State. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 11 th SEPTEMBER, 2023 P.C. :

1.

Vide order dated 7th September, 2023, we had directed the Dean, KEM Hospital, Parel, Mumbai, to constitute a Medical Board for examination of the petitioner No.1, who had sought termination of her pregnancy of 29 weeks, on the ground that the fetus was suffering from 'Ventricular Septal Defect'.

2.

Learned A.G.P has tendered a communication, addressed to her by the KEM Hospital, Parel, Mumbai. The said communication Wakodikar 1/2

1. WP 11266-2023.doc is taken on record. In the said communication, it is stated that whilst examining the petitioner No.1, when they conducted the ultrasound on 8th September, 2023, they noticed that the fetus was dead. In view of the same, learned A.G.P states that the process of the termination of the pregnancy is done having regard to the fetus death. 3.

In view of the aforesaid, nothing survives for further consideration in the aforesaid petition.

4.

The petition is accordingly disposed of.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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