Pooja Dnyaneshwar Aaglawe Alias Pooja Shankar Pawar v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:24271-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11025 OF 2024 Pooja w/o Dnyaneshwar Aaglawe @ Pooja d/o Shankar Pawar ... PETITIONER

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. Shantanu A. Deshpande, Advocate for petitioner Mrs. S.N. Deshmukh, A.G.P. for respondents .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 9th OCTOBER, 2024 O R D E R :

By way of this Writ Petition, the petitioner, a 26 year old married woman, seeks permission to terminate her pregnancy of little over 24 weeks. By order dated 7/10/2024, notice was issued to the respondents. The learned A.G.P. waived the notice.

2.

The petitioner was referred to the Expert Committee constituted at Government Medical College & Hospital, Aurangabad for being examined by the Committee

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and submit us the report.

3.

The Committee, after having examined the petitioner, has given its report dated 8/10/2024. The report reads thus :

"Opinion by Medical Board for termination of pregnancy: a) ALLOWED.

Justification for the decision : Above anomalies suggest a poor prognosis, with significant risk to the fetus's survival and quality of life. The continuation of pregnancy is likely to result in severe morbidity, requiring extensive medical intervention post birth & possibly compromising long term survival. Considering severity of these conditions MTP may be considered.

Physical fitness of the woman for the termination of pregnancy : MTP may be done with due risk. Need of a surgical intervention and possibility of blood transfusion, and possibility of other unforeseen risks explained to patient and relatives. They have consented to take all the possible risks." 4.

The report specifically records the petitioner to have been explained the risk involved. The petitioner still wants to proceed with and undergo the medical termination of pregnancy.

5.

In view of the above and specially relying on the

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report of the Expert Committee, the petitioner is permitted to undergo the medical termination of pregnancy at the Government recognised Centre.

6.

With the above directions, the Writ Petition stands disposed of.

7.

Parties to act upon authenticated copy of this order. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-