Pallavi Raosaheb Kakde v. The State Of Mahrashtra And Another

(1) 158-wp-11043-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 158 WRIT PETITION NO.11043 OF 2019 PALLAVI RAOSAHEB KAKDE ..PETITIONER

VERSUS

THE STATE OF MAHRASHTRA AND ANOTHER ..RESPONDENTS ...

Mr. Mahesh K. Bhosle and Mr. Mahesh L. Muthal, Advocates for the Petitioner.

Mr. S. P. Tiwari, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATED : 09th SEPTEMBER, 2019.

PER COURT:- 1.

The petitioner is seeking permission to terminate the pregnancy. The gestational age is 22 weeks and 02 days as per the report.

2.

The petitioner was referred to the Committee constituted by the Dean, Government Medical College and Hospital, Aurangabad. The Committee examined the petitioner and submitted the report. The report reads thus:

"The committee has thoroughly examined Pallavi Raosaheb Kakde on 07.09.2019 and the report of her ultrasonography done at GMCH Aurangabad on date: 06.09.2019. Following findings are noted:

1.

Length of Pregnancy: Gestational Age of 22 weeks 02 days.

2.

Single live intrauterine fetus with

(2) 158-wp-11043-2019 congenital pulmonary airway malformation (Type-I) involving right lung with hypoplastic left lung and mediastinal shift towards left.

Taking into consideration the above findings there is evidence of substantial risk to the fetus if born.

Hence, this Committee recommends termination of pregnancy.

Pregnancy can be terminated at Government recognized centre of choice of the patient with due risk to mother and the risk is explained to her and her relatives."

3.

The Committee has opined that there is evidence of substantial risk to the fetus if born. Hence, the Committee recommends termination of pregnancy. The risk is explained to the petitioner and her relatives.

4.

The learned counsel for petitioner submits that the risk involved is explained to the petitioner and petitioner wants to proceed with the termination of pregnancy.

5.

In light of the above, the petitioner is permitted to terminate the pregnancy at the Government recognized centre.

6.

Writ Petition is disposed of. No costs.

(ANIL S. KILOR) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/September-19