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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3509 OF 2021
Sayali T. Hotkar
..Petitioner
v/s.
State of Maharashtra ..Respondent
Ms. Aditi Saxena with Ms. Rachita Padwal, for the Petitioner.
Dr. Smt. K. R. Kulkarni, AGP for the Respondent-State.
CORAM: UJJAL BHUYAN AND
MADHAV J. JAMDAR, JJ.
DATE : 12th AUGUST, 2021.
(THROUGH VIDEO CONFERENCE)
P. C:-
Heard Ms. Aditi Saxena, learned Counsel for the
Petitioner and Dr. Kulkarni, learned AGP for the Respondent-State.
2 On 29th July, 2021, we had passed the following order:-“2Petitioner seeks medical termination of pregnancy
on the ground that the fetus which is now in the 22nd week is
stated to be suffering from severe abnormalities.
3Having heard learned counsel for the parties and
considering the materials on record we direct the Dean,
Sassoon Hospital, Pune to constitute a medical board for
examination of the petitioner. Petitioner shall appear before
the medical board within 48 hours. Result of medical
examination be placed before the Court in a sealed cover on
or before the next date.
4Stand over to 3rd August, 2021”
3Thereafter, on 3rd August, 2021, the following order was
passed:-
“3Today, when the matter is called upon, Dr. Kirti
Kulkarni, has placed before us report of the Medical Board
S.R.JOSHI
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dated 31.07.2021. We have perused the report of the
Medical Board which has recommended as under:-
“On clinical ultrasonographic examination mother
has pregnancy of 22 weeks 4 days maturity. On
ultrasonography fetus has closed spinal dysraphism
( lipomyeocele with tethered cord) and diastematmyelia.
This anomaly may be associated with neurological
morbidities in the form of progressive motor weakness of
bilateral lower limbs and genitourinary involvement
causing significant neurological disability. The child may
also require multiple surgeries postnatally. Even after the
surgery, baby may have significant morbidities. In view of
this and risk to maternal health, medical termination of
pregnancy is recommended with kind permission of
Hon’ble High Court.”
4In view of above, we permit the petitioner to
undergo medical termination of her pregnancy in the
hospital of her choice having requisite facilities and
registered under the Medical Termination of Pregnancy
Act, 1971.
5Outcome of the procedure be informed to the Court
on the next date.
6. Stand over to 12.08.2021.”
4Today, learned Counsel for the Petitioner has informed
us that the procedure for medical termination of pregnancy was
successfully carried out on the Petitioner.
5In view of the above, nothing survives in the Writ
Petition. Writ Petition is disposed of.
(MADHAV J. JAMDAR, J.) (UJJAL BHUYAN, J.)
S.R.JOSHI
Sayali T. Hotkar
State of Maharashtra
Ujjal Bhuyan
Madhav J. Jamdar
As recorded by the court registry
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