Meera Suresh Bodkhed And Another v. The State Of Maharashtra And Others
985-WP-14473-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 14473 OF 2021 MEERA SURESH BODKHED AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioners : Mr. Yogesh K . Bobade Addl. GP for Respondents: Mr. P.S. Patil ...
CORAM : S. V. GANGAPURWALA AND S. G. DIGE, JJ.
DATE : 22nd DECEMBER, 2021 PER COURT :- 1.
The petitioner seeks permission to terminate the pregnancy. 2.
The petitioner was referred to the Expert Committee/Medical Board, at Government Medical College, Aurangabad. The Expert Committee examined the petitioner and submitted the report. The relevant part of the report reads thus:
Additional Investigations(if done) :
Sr. No. Investigations done Key findings USG obstetrics anomaly scan SLIUG with 28 w 3 d with cervical meningocele and prominent left ventricle CBC HB-12.5, Opinion by Medical Board for termination of pregnancy: a) Allowed.
b) Denied.
Justification for the decision : due to advanced gestational age, baby has attained maturity and will be live after termination.
985-WP-14473-21.odt Physical fitness of the woman for the termination of pregnancy : NOT APPLICABLE c) Yes d) No"
3.
As per the opinion of the Expert Committee due to advanced gestational age, baby has attained maturity and will live after termination.
4.
The learned counsel for the petitioner submits that regular gynecologist of the petitioner has opined that there are defects, so it is appropriate to terminate the pregnancy. The Court would be bound by the report of Medical Board as it is of the Experts, the Court does not have necessary expertise and is guided by the Expert Committee and the Committee has opined that if the pregnancy is terminated today the baby will be live after termination.
5.
In light of the report of Exert Committee, request of the petitioner cannot be accepted.
6.
Writ petition is disposed of. No costs.
( S.G. DIGE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE mtk