Arti Ganesh Kakade v. The State Of Maharashtra And Another

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.6377 OF 2021 Arti w/o. Ganesh Kakade, Age 24 years, Occ. Household, R/o. Pimpalgaon Gangdev, Tq. Phulambri , Dist. Aurangabad.

...Petitioner

Versus

The State of Maharashgtra and Anr.

...Respondents

Mr. D.R. Adhav, Advocate for the petitioner Mr. S.N. Morampalle, A.G.P. for the respondents CORAM :

M.G. SEWLIKAR, J.

VACATION COURT DATED :

18th MAY, 2021.

PER COURT :

1.

Heard.

2.

The petitioner is pregnant of beyond 20 weeks i.e. 23 weeks. She seeks the termination of pregnancy on the ground of fetal anomalies. 3.

Petitioner was referred for medical examination by the Expert Committee. She was examined on 17/05/20021 at 2.00 pm. The Expert Committee has submitted its report. The findings of the Expert Committee are as under :

"11. Examination of girl/women done by : All Members of committee.

12. Counselling done by Dr. Pradeep Deshmukh, Asst.Professor,

( 2 ) Psychiatry.

13. Investigations done :

Sr.No.Investigations done

01. CBC, URINE ROUTINE Hb :- 9.9 gm%, Urine RM-Normal

02. USG Single live intrauterine gestation of 23 weeks, features suggestive of complex congenital heart disease

15. Physical fitness for termination - YES

16. Recommendations by Medical Board for termination : Recommended

17. Recommended Medical termination of pregnancy because if the child were born it would carry substantial risk to its life. Termination of pregnancy carries due maternal risk. Surgical intervention & blood transfusion may be required. The risk involved in the said procedure is explained to the patient & her relatives."

3.

From the findings of the Expert Committee, it is clear that there are features suggestive of complex congenital heart disease. The expert committee has recommended medical termination of pregnancy of the petitioner because if the child were born, it carries substantial risk to its life. The report further states that the risk involved in the said procedure is explained to the patient and her relatives. Learned Counsel for the petitioner also states that petitioner wants to proceed with the termination of pregnancy.

4.

In view of this, petitioner is permitted to terminate her pregnancy from any Government recognized Centre.

( 3 ) 5.

The parties to act on authenticate copy.

( M.G. SEWLIKAR ) JUDGE sarowar