Farhat Jahan Akhlak Patel And Another v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 152 WRIT PETITION NO.9758 OF 2021 FARHAT JAHAN AKHLAK PATEL AND ANOTHER ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER..RESPONDENTS ...

Mr. N. E. Deshmukh, Advocate for the Petitioners. Mr. S. P. Tiwari, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 06th SEPTEMBER, 2021.

PER COURT:- 1.

The petitioners seek permission to terminate the pregnancy.

2.

The petitioner no.1 was referred to the Committee constituted by Dean, Government Medical College and Hospital, Aurangabad. The petitioner no.1 is examined by the Committee and has submitted its report. The report reads thus:

13. Investigations done:

Sr.

No.

Investigations done 01.CBC, URINE ROUTINE Hb :- 11.1 gm%, Urine RMNormal 02.USG Single live intrauterine gestation of 25 weeks.

Possibility of skeletal dysplasia likely achondroplasia, Cerebellar

(2) hypoplasia, pulmonary hypoplasia.

14. Additional findings and observations: N.A.

15. Physical fitness for termination:

YES

16. Recommendations by Medical Board for termination: Recommended.

17. Recommended Medical termination of pregnancy because continuation carries substantial risk to the fetus. 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 and her husband. Pregnancy can be terminated at any place approved by Government and according to wish of the women.

18. Date and time: 03/09/2021. At 2:00 PM.

3.

The Committee has recommended termination of pregnancy. The Committee has opined that continuation of pregnancy carries substantial risk to the fetus. The Committee also opined that surgical intervention and blood transfusion may be required. The risk involved in the said procedure is explained to petitioner no.1 and her husband 4.

The learned counsel for petitioners submits that the risk involved is explained to petitioner no.1 and petitioner no.1 wants to proceed with the termination of pregnancy.

(3) 5.

In light of the report of the Expert Committee, petitioner no.1 is permitted to terminate the pregnancy at the Government recognized centre.

6.

Writ Petition is disposed of. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/September-2021