Nandkishor S/O Madhukarrao Nandanwar And Another v. The State Of Maharashtra, Thr. Prin. Secretary, Public Health Dept., Mumbai And ORS

2025:BHC-NAG:7520-DB

991. W. P. No. 4050-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WR IT PETITION NO.4020 OF 2025 Shri. Nandkishor s/o. Madhukarrao Nandanwar and anr Vs.

The State of Maharashtra and ors.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S. G. Lacharwar, Advocate for petitioners. Mr. D. V. Chauhan, Government Pleader a/b. Mr. H. D. Marathe, A.G.P. for respondent/State.

CORAM :

ANIL S. KILOR & MRS.VRUSHALI V. JOSHI, JJ.

DATED : 01/08/2025.

1.

This petition is filed for permission to terminate the pregnancy of the petitioner No.2 on the ground that the continuation of pregnancy of petitioner No. 2 would involve a risk to her mental health, as she has been undergoing treatment of psychiatric since last six months. 2.

Thus, considering the prayer made by the petitioners, a Medical Board was directed to constitute and today, we have received the report of the Medical Board. 3.

The Medical Board was consisted of 8 doctors, including Psychiatrist Dr. Prashant Tiple (MTP Board Professor and Head Psychiatry Department, GMCH, Nagpur). On evaluation of the patient by the Senior Psychiatrist, the Board has opined that the patient is psychiatrically unfit for termination of pregnancy. TANMAY

991. W. P. No. 4050-2025.odt 4.

Since the opinion of the Board is clear and the Medical Board does not think it fit to grant permission to the petitioner No.2 for termination of her pregnancy, as she is psychiatrically unfit, we accept the report. 5.

In that view of the matter, the prayers made in the present petition cannot be allowed.

6.

Accordingly, the petition is dismissed.

7.

The report of the Medical Board is taken on record and marked as Article 'X' for the purpose of identification. (VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) TANMAY