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Bombay High CourtWP/12037/2019disposed offdismissed for default

Jyoti Raju Suradkar v. The State Of Maharashtra And Another

2019-10-03Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 WRIT PETITION NO.12037 OF 2019 JYOTI RAJU SURADKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner: Mr Avhad Abhijeet P. AGP for Respondents : Mr P. G. Borade

CORAM

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

DATE : 3rd October, 2019 ORDER:

1.

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

2.

The petition is moved seeking permission to terminate the pregnancy of petitioner.

3.

Under order dated 30.09.2019, the petitioner was referred to Expert Committee constituted by the Dean, Government Medical College and Hospital, Aurangabad. The Committee examined the petitioner and has submitted the report. The same reads thus:

"The committee has thoroughly examined Jyoti Raju Suradkar on 01.10.2019 and the report of her ultrasonography done GMCH, Aurangabad on 01.10.2019. Following findings are noted:

A. Length of Pregnancy: Gestational Age 24 weeks 5 days.

B.

Single live intra-uterine fetus with bilateral renal cystic disease with bilateral hydroureter with bladder outlet obstruction with severe oligohydramnios.

Taking into consideration the above findings, there is evidence of substantial risk to the fetus if born. Hence the Committee recommends termination of pregnancy. Pregnancy can be terminated at any Government recognized centre of choice of patient with due risk to mother and the risk is explained to her and her relatives and an undertaking of the risk be submitted to the Hon. High Court and the concerned hospital."

4. The Committee has opined that there is evidence of substantial risk to the fetus if born. Hence the committee recommended termination of pregnancy. It is further stated that the petitioner is explained about the due risk involved in the termination of pregnancy. 5.

Learned Advocate for the petitioner submits that risk involved in the termination of pregnancy is explained to the petitioner and her relatives and the petitioner wants to proceed further with termination of pregnancy.

6.

In the light of above, considering the report of

the expert committee, the petitioner is permitted to terminate the pregnancy in any Government recognized centre/clinic.

7.

Writ petition is accordingly disposed of.

8.

Authenticated copy be given.

(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.) JPC