Nikita Sunil Wankhede v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION (St.) NO. 10658 OF 2020 Nikita w/o Sunil Wankhede, @ Nikita d/o Ramesh Kale, Age: 30 years, Occu: Household, R/o. Bhimshakti Nagar, Khandoba, Satara, Tq. & Dist. Aurangabad ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through the Secretary to the Government of Maharashtra In Health Department, Mantralaya, Fort, Mumbai 2.

The Dean, Government Medical College & Hospital (Ghati), Aurangabad ..RESPONDENTS Mr A. T. Jadhavar, Advocate for petitioner;

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

DATE : 12th June, 2020 ORAL ORDER:

By an order dated 5th June, 2020, notice was issued by this Court to the respondents.

2.

The petitioner is approaching this Court with a prayer of termination of pregnancy on the backdrop of the report issued by a

(2) private Medical Practitioner on a clinical examination of the patient as well as on receipt of the pathology lab reports. 3.

The petitioner was permitted to appear before the duly constituted medical board under respondent No.2 - Government Medical College & Hospital (Ghati), Aurangabad on 6th June, 2020. Learned Asstt. Govt. Pleader was directed to place on record the report of the medical board.

4.

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 expert committee has opined that there is substantial risk to the fetus, if born and as such, the committee recommends termination of pregnancy.

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.

(3) Writ petition stands allowed.

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