Kiran W/O Ajay Pardeshi v. The State Of Maharashtra And Another

10538.20wpst (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION (st.) NO.10538 OF 2020 Kiran w/o Ajay Pardeshi ..PETITIONER

VERSUS

The State of Maharashtra & anr.

..RESPONDENTS Mr A. D. Sonar, Advocate for petitioner;

Mr S. S. Dande, Advocate for respondents CORAM : PRASANNA B. VARALE, J.

DATE : 3rd April, 2020 ORAL ORDER:

In view of the order dated 30th March, 2020, passed by this Court, the petitioner was subjected to medical examination through the competent medical board. By the said order, this Court directed to place on record the report on 3rd April, 2020 and it was further observed by this Court that the report shall suggest whether the continuance of the pregnancy would involve risk to the life of the pregnant woman or of grave injury to her physical or mental health or there is substantial risk that if child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped. 2.

Today, learned Asstt. Govt. Pleader made available the report for perusal of this Court. Perusal of the said report duly signed by all the members of the competent board. The panel made key recommendations and the same read thus:

10538.20wpst (2) "The committee is of the opinion that the pregnancy of Mrs. Kiran Ajay Pardeshi should be allowed to be terminated on the grounds that there is a substantial risk that if the child is born it would suffer from physical abnormality as to be seriously handicapped due to presence of cardiovascular anomaly."

3.

In view of the opinions of the experts, there is substantial risk if the child is born it would suffer from physical abnormality as to be seriously handicapped due to presence of cardiovascular anomaly. 4.

Learned Counsel appearing for the petitioner is made aware of the opinion of the committee. He explained the risk involved and on instructions submitted that the petitioner would proceed with the termination of pregnancy.

5.

Accordingly, the petitioner is permitted to terminate the pregnancy at any Government recognized medical centre. The petition is disposed of accordingly.

6.

Authenticated copy of this order be supplied to learned Counsel appearing for the petitioner as well as learned Asstt. Govt. Pleader. (PRASANNA B. VARALE, J.) sjk