Jayshri Sushil Munjal And Another v. The State Of Maharashtra And Others

1000mtp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1000 WRIT PETITION NO.9013 OF 2019 JAYSHRI SUSHIL MUNJAL AND NOTHER

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ...

Advocate for Petitioners : Mr. Savant Vilas P AGP for Respondents: Mr. P. G. Borade

CORAM

: S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 25th July, 2019 PER COURT :

1.

We have heard learned Advocate for the petitioner and learned AGP for the respondents.

2.

The petitioners seek direction for termination of pregnancy of petitioner No.1. Duration of the pregnancy is 22 weeks and 2 days.

3.

Under order dated 23rd July, 2019, we had referred the petitioner to the Board/Committee constituted by the Dean, Government Medical College and Hospital, Aurangabad. The Committee examined the petitioner No.1 on 24th July, 2019 and has submitted the report. The same reads thus: "We have thoroughly examined Jayshri Sushi Munjal and her obstetric Sonography report. On obstetric ultra-sonography report dated 24.07.2019 done at GMC, Aurangabad, Following findings are noted:

a. Length of Pregnancy: Gestational Age 23 1/2

1000mtp weeks 02 days b. Single live intrauterine fetus with single umbilical artery.

c. Right ventricle appears small compared to the left with small RVOT with small 2 mm VSD.

d.

Right renal fossa shows small sized right kidney.

Taking into consideration the above findings, there is evidence of substantial risk to the fetus if born. Pregnancy can be terminated with due risk to mother and the risk is explained to the mother."

4.

The Committee has opined that there is evidence of substantial risk to the fetus if born. Pregnancy can be terminated with due risk to mother and the risk is explained to the mother.

Learned Advocate for the petitioners submits that Petitioner No.1 would like to proceed with the termination of the pregnancy. 5.

In the light of above, Petitioner No.1 is permitted to terminate the pregnancy in accordance with law in any recognized clinic.

6.

Writ petition is accordingly disposed of.

7.

Authenticated copy be given.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA, J.) JPC 2/2