Shivani Chaudhary v. Union Of India Thru The Secretary, Ministry Of Law And Justice And ORS

Rane 1/3 WP-13083-2018 (SR.5)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13083 OF 2018 Shivani Chaudhary

...Petitioner

V/s.

Union of India and Ors.

...Respondents

***** Ms. Aditi Saxena i/bky. Mr. Kranti L.C. Advocate for the petitioner.

Ms. Purnima Awasthi, Advocate for respondents no.1, Union of India and respondent no.3 -Ministry of Health and Family Welfare.

Mrs. R.A. Salunkhe, AGP for respondent no.2-State. Mr. Santosh Parad, Advocate for respondent no.4-BMC. Coram : A.S. Oka, & Sandeep K. Shinde, JJ.

Monday, 26 November, 2018.

P.C. :

.

For the reasons separately recorded, this Court has passed the following order :

Rane 2/3 WP-13083-2018 (SR.5) OPERATIVE ORDER 1.

It shall be open for the petitioner to undergo medical termination of pregnancy entirely at her own risk; 2.

The petitioner shall report to the office of the Dean of KEM. Hospital at Mumbai on Wednesday, 28th November, 2018 at 11.00 a.m;

3.

The petitioner shall produce an authenticated copy of this order alongwith a complete copy of this Writ Petition, as well as, documents of her identity; 4.

The petitioner shall also produce a copy of the opinion of the Medical Board constituted under the orders of this Court alongwith an authenticated copy of the operative part of this order;

5.

On the petitioner producing the aforesaid documents, the authorities of KEM. Hospital shall immediately admit the petitioner and shall make

Rane 3/3 WP-13083-2018 (SR.5) immediate arrangements to enable her to undergo medical termination of pregnancy;

6.

We may make it clear that, medical termination of pregnancy is subject to observations made in this judgment;

7.

Rule is made absolute in above terms.

8.

The Dean and other authorities of the KEM. Hospital shall act on authenticated copy of operative part of this order.

(SANDEEP K. SHINDE, J) (A.S. OKA, J)