Xyz Throu. Her Husband v. The State Of Maharashtra Throu. Public Health Dept And ORS

1 / 2 501-WP-13848-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13848 OF 2024 XYZ .... Petitioner versus The State of Maharashtra & Ors.

.... Respondents .......

• Ms. Manisha Shekhar Jagtap, Advocate for Petitioner. • Ms. M. P. Thakur, AGP for Respondent No.1/State. • Mr. R. Y Sirsikar, Advocate for Respondent Nos.2 and 3.

CORAM

: SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 07th OCTOBER, 2024 P.C. :

1.

Not on board. Taken on production board.

2.

The case of the Petitioner is that as of today she is into 27th week of pregnancy. While undergoing routine check up, it was noticed that the foetus was having some abnormalities and therefore she underwent further tests at K.E.M. Hospital and the MANUSHREE NESARIKAR report mentions that there is anomalies associated with MANUSHREE NESARIKAR Date: 2024.10.07 20:38:46 +0530 increased risk of mortality and morbidity to the child. It was Nesarikar

2 / 2 501-WP-13848-24.odt observed that the child may also be associated with other congenital anomalies and it was recommended that Medical Termination of Pregnancy be permitted.

3.

She is pregnant of 27 weeks. Therefore, it is necessary to call for the opinion of the medical board established for this very purpose.

4.

Learned AGP informs that the Medical Board under the MTP Act is constituted at J.J. Hospital. Therefore, we direct the said Medical Board to forward their opinion after the necessary examination in a sealed envelope on or before 09/10/2024. 5.

The Petitioner shall remain present before the Medical Superintendent, at J. J. Hospital at 10.30 a.m. on 08/10/2024. 6.

Stand over to 09/10/2024, High on Board.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)