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Bombay High CourtWP/21/2020disposed offdismissed for default

Mohini Shrimant Dabhade Through Her Husband Shrimant Anurath Dabhade v. State Of Maharashtra And Others

2020-01-03Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

957.WP.21.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 WRIT PETITION NO.21 OF 2020 MOHINI SHRIMANT DABHADE THROUGH HER HUSBAND SHRIMANT ANURATH DABHADE

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Jaiswal Nikhil D. AGP for Respondent/State: Mr. S.G. Karlekar ...

CORAM

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

DATE : 03/01/2020 PER COURT :

1.

The petitioner seeks permission to terminate the pregnancy. 2.

The petitioner was referred to the expert committee at S.R.T.R. Government Medical College and Hospital, Ambajogai. The committee examined the petitioner on 02.01.2020 and has submitted the following report.

"After the study of case and all obstetrics ultrasonography reports (3 reports) by committee, Committee is giving following decisions.

1. Continuation of pregnancy may affect mental health of woman

2. There is substantial risk of physical handicap to child born

3. She may have risk of various complications if pregnancy is terminated at advanced stage a) Hemorrhage b) Failure of Abortion c) Need of surgical method (Hysterotomy) d) Incomplete abortion e) Sepsis (Infection) 1/2

957.WP.21.2020.odt f) Maternal death g) Need of blood transfusion

4. Committee has explained the risk involved in said procedure to the patient and her relatives.

5. Affidavit of said risk to be submitted before the honorable high court.

6. As there is major and non correctable fetal congenital anomaly and said anomaly is not compatible with life, hence, this committee recommends termination of pregnancy at any government recognized MTP center of choice of patient with due risk."

3.

The committee opined that there is substantial risk of physical handicap to the child if born. The risk involved in termination of pregnancy is also explained to the petitioner.

4.

The committee recommended termination of pregnancy at a government recognized center with due risk.

5.

In light of the above, if the petitioner so desires the petitioner is permitted to terminate the pregnancy at a government recognized center. Writ petition is disposed of.

( MANGESH S. PATIL, J. ) ( S. V. GANGAPURWALA, J.) habeeb 2/2