Jyoti D/O Subhash Rathod v. State Of Maharashtra And Orthers

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 20 OF 2020 Jyoti d/o Subhadh Rathod .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Ravindra B. Ade, Advocate for the Petitioner. Shri S. P. Tiwari, A.G.P. for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

02ND JANUARY, 2020.

FINAL ORDER :

.

Petition is filed seeking permission to terminate the pregnancy.

2.

The petitioner was referred to the Expert Committee constituted by the Dean, Government Medical College and Hospital, Aurangabad. The Committee has examined the petitioner and submitted the report. The report reads thus : "The committee has thoroughly examined Jyoti D/o Subhash Rathod and her obstetric Sonography report. On obstetric ultra-sonography dated 28.12.2019 at GMCH, Aurangabad. Following findings are noted.

a.

Length of Pregnancy : Gestational Age of 21 weeks 06

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b.

Right sided cleft lip and cleft palate and midline cleft lip with mild lumbar scoliotic deformity likely secondary to hemivertebrae. Taking into consideration the above findings, there is 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 patient with due risk to mother and the risk is explained to her and her relatives."

3.

The Expert Committee has opined that there is substantial risk to fetus if born. The Committee recommends termination of pregnancy. The petitioner is explained about the risk involved. 4.

The learned counsel for the petitioner on instructions submits that, the petitioner wants to proceed with termination of pregnancy.

5.

In view of the above, the petitioner is permitted to terminate the pregnancy at Government recognized centre. The writ petition is disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 20