Sunita Sampat Kale v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1391 OF 2021 Sunita Sampat Kale ... Petitioner.

Versus

The State of Maharashtra and another ... Respondents.

....

Mr. Vinod S. Salve, Advocates for the Petitioner. Mr. S.R. Yadav Lonikar, A.G.P. for Respondents. ....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 25th JANUARY, 2021 PER COURT:- 1.

The petitioner seeks permission to terminate the pregnancy. The petitioner was referred to the Expert Committee at Government Medical College and Hospital at Aurangabd. The Expert Committee has examined the petitioner and submitted the report. Relevant part of the report reads thus :

"Procedure of examination :- 9.

Date and time of commencement of examination : 23.01.2021 at 2.00 p.m.

10.

Review of available reports and investigations by : Sr. No.

Report reviewed Opinion on the findings - - 11.

Examination of girl/women done by :- All the members of committee.

12.

Counseling done by :- Dr. Pradip Deshmukh, Assist. Professor, Psychiatry.

13.

Investigation done :

Sr. No.

Report reviewed Opinion on the findings CBC, URINE ROUTINE Hb-11.6 gm %, Urine routine-WNL USG Single live intrauterine gestation of age 23 weeks 2 days with hypo plastic right ventricle with tricuspid atresia with Ventricular septal defect.

14.

Additional findings and observations :- N.A.

15.

Physical fitness for termination :- a) Yes.

b) No.

16.

Recommendation by Medical Board for termination Recommended by Medical Method. Surgical intervention and blood transfusion may be required as the placenta may be low lying. The risk involved in the said procedure is explained to the patient & her husband Date and Time : 23/01/2021 AT 2:30 PM"

2. The Expert Committee has recommended the termination of pregnancy by medical method. Surgical intervention and blood transfusion may be required as the placenta may be low lying. The risk involved in the said procedure is explained to the patient and her husband. The petitioner is informed about the risk involved in termination of the pregnancy. Learned counsel for the petitioner, on instructions, submits that the petitioner wants to proceed further with the termination of the pregnancy.

3.

In the light of that, the petitioner is permitted to terminate the pregnancy at any Government recognized center. 4.

The writ petition is disposed of. No costs.

5.

Parties to act upon the authenticate copy.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane