Pradnya Balaji Dhaktode v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 158 WRIT PETITION NO.9199 OF 2019 PRADNYA BALAJI DHAKTODE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. S.V. Suryawanshi h/f. Mr. Patil Ganesh Vilasrao AGP for Respondent : Mr. P.K. Lakhotiya ...

CORAM :

S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

29/07/2019 PER COURT :

1.

Petition is filed seeking directions for termination of pregnancy. Under order dated 25.07.2019 we had directed the petitioner to appear before the committee, constituted by the Dean Government Medical College and Hospital, Aurangabad. The following report has been submitted by the committee upon the examination of the petitioner.

"We have thoroughly examined Pradnya Babaji Dhaktoda and her Sonography report on 26.07.2019 done at GMC, Aurangabad. Following findings are noted by the Committee.

1. Length of Pregnancy : Gestational Age of 23 weeks with Single live intrauterine fetus and no obvious congenital 1/3

anomalies.

2. Multiple liver metastasis seen secondary to probably bowel malignancy.

3. The fine needle aspiration Cytology of Liver aspirate shows "mostly suggestive of metastasis of poorly differentiated carcinoma".

4. The general condition of this patient is very poor at present. She has severe Anemia with HB 5.9 gm% (normal is 12-14 Gm%). Her CD 4 count is only 34. (Normal is 500-1500). She suffers from advanced malignancy, probably stage IV.

5. Committee recommends medical termination of pregnancy. However, the general condition is not fit for termination from medical, surgical, obstetric and anesthesia point of view at present.

6. She needs immediate hospitalization for building up of her general condition and necessary thorough investigations for Oncological management by Multi-disciplinary team.

7. The pregnancy may be terminated at appropriate place of choice of patient after her general condition improves. 2.

The committee has recommended medical termination of pregnancy. It has further opined that the general condition is not fit for termination from medical, surgical, obstetric and anesthesia point of view at present. The petitioner is advised immediate hospitalization for building up of her general condition and necessary thorough investigations for oncological management by multi-disciplinary team. 3.

The Petitioner is allowed to terminate the pregnancy strictly in accordance with the opinion given by the committee viz the petitioner should be hospitalized immediately for building up of her general condition and necessary thorough investigation for oncological 2/3

management by multi-disciplinary team and it is only if the surgeon finds her condition fit for termination of pregnancy then the concerned surgeon and anesthesis/physician should certify that the condition of the petitioner is fit for termination of pregnancy and after the said certificate is issued then only the petitioner is permitted to terminated the pregnancy.

4.

Writ petition is disposed of. Authenticated copy be supplied to the parties.

( MANGESH S. PATIL, J. ) ( S. V. GANGAPURWALA, J. ) habeeb 3/3