Komal Vikas Darde v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION (St.) NO. 10644 OF 2020 Mrs Komal Vikas Garde, Age: 25 years, Occu: Household, R/o. Undri, Tq. Kaij, Dist. Beed ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through - Secretary, Department of Public Health and Family Welfare, Mantralaya, Mumbai - 32 2.

Swami Ramanand Tirth Rural Government Medical College & Hospital, Ambajogai, Tq. Ambajogai, Dist. Beed, Through It's Dean/ Superintendent ..RESPONDENTS Mr D. J. Choudhari, Advocate for petitioner;

Mr A. R. Kale, AGP for respondents CORAM : PRASANNA B. VARALE AND R. G. AVACHAT, JJ.

DATE : 12th June, 2020 ORAL ORDER:

The petitioner is approaching this Court with a prayer of termination of pregnancy on the backdrop of the report issued by a private Medical Practitioner on a clinical examination of the patient as well as on receipt of the pathology lab reports.

(2) 2.

By an order dated 2nd June, 2020, the petitioner was referred to the expert Committee at Swami Ramanand Tirth Rural Government Medical College and Hospital, Ambajogai for medical examination on 3rd June, 2020 and the expert committee was directed to examine her and submit report on or before 5th June 2020. 3.

The expert committee examined the petitioner and submitted the report. Today, learned A.G.P. made available the report of the medical board for perusal of this Court. Perusal of the said report shows that the committee has opined that there is substantial risk to the fetus, if born and as such, the committee recommends termination of pregnancy at any government recognized MTP Centre. 5.

The learned Counsel for the petitioner submits that the petitioner is explained about the risk involved in the termination of pregnancy and she may be permitted to proceed for the same. 6.

In view of above, the petitioner is permitted to terminate the pregnancy at any Government recognized centre. Writ petition stands allowed.

(3) Authenticated copy of this order be supplied to learned Counsel for the petitioner and learned A.G.P.

(R. G. AVACHAT, J.) (PRASANNA B. VARALE, J.) sjk