Sharadha Shripad Kulkarni Through S.S.Kulkarni v. The State Of Maharashtra Through Secretary Of Women And Children Development And ORS

R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10180 OF 2019 Shradha Shripad Kulkarni ..

Petitioner

Versus

The State of Maharashtra & Ors.

..

Respondents ...................

 Mr. Prasad P. Kulkarni for the Petitioner  Mr. A.P. Vanarse, AGP for the State ...................

CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE : SEPTEMBER 19, 2019.

P.C.:

1.

The above Writ Petition is mentioned before this Court for urgent admission.

2.

The learned AGP appearing for the respondent - State waives service.

3.

The petitioner is 26 years old and is 22 weeks pregnant. She has produced before this Court the report dated 16.9.2019 issued by Dr. Shirish S. Kulkarni, M.D. (OB & GYN) of Anandi Nursing Home, Kolhapur suggesting permission for

medical termination of pregnancy on the ground that the fetus has cardiac problems.

4.

In view of the above, we pass the following order:- (i) We direct the Dean of B.J. Medical College & Hospital, Pune to constitute a Medical Board comprising of the Dean of the said Hospital, Head of the Department (Gynecology), Professor and Head of Department of Pediatric / Cardiac Surgeon, Professor and Head of Department of Radiology and Head of Psychiatry Department, Professor and Head of Neurological Department and any other expert in the feld as the Dean may deed appropriate to be included.

(ii) The petitioner will appear before the Board tomorrow i.e 20.9.2019 at 12.00 noon along with her husband.

(iii) The Board shall submit their report before this Court on 23.9.2019 by 11.00 a.m. setting out whether in their view it will be advisable to terminate the pregnancy of the petitioner. They

will also mention in the report if any risk is involved with regard to the life of the petitioner. (iv) List the petition on board on 23rd September, 2019 at 11.00 a.m.

(v) All concerned shall forthwith act on an ordinary copy of this order duly authenticated by the Associate of this Court.

[ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]