Disposed

Mrs. X. Y. Z v. the Dean of B. J. Govt. Medical College and Sasson Hospital and Ors.

Bombay HC17 Sept 2021WP/5109/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought medical termination of pregnancy at 24 weeks due to severe fetal abnormalities (Arnold Chiari malformation). The High Court granted liberty to undergo the procedure after a medical board recommended termination due to guarded prognosis. The petition was disposed of upon confirmation of the procedure's completion and the petitioner's discharge.

What did the court decide?

Liberty granted to undergo medical termination of pregnancy; writ petition disposed of upon confirmation of procedure completion and discharge.

Mrs. X. Y. Z Vs the Dean of B. J. Govt. Medical College… — Medical Negligence | Bombay HC (2021)

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5.WP.5109.2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 5109 OF 2021

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Mrs. X. Y. Z. … Petitioner

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 V/s.

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Dean of B. J. Government Medical College and
Sassoon Hospital & Ors. … Respondents

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Mr. Tejesh Dande a/w. Mr. Bharat Gadhavi, Mr. Vishal Navale, Ms.
Trushna Shah and Mr. Aniket Aghade i/b. Tejesh Dande & Associates
for the Petitioner.

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Ms. Mohinee Chougule i/b. Neeta V. Masurkar for the Respondent
No.2-Union of India.

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Mrs. Ashwini A. Purav, AGP for the Respondent Nos. 1 and 3-State.

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CORAM: UJJAL BHUYAN AND

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 MADHAV J. JAMDAR, JJ.

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 DATE : 17th SEPTEMBER, 2021.
P. C:-

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 Heard Mr. Dande, learned counsel for the petitioner and Mrs.
Ashwini Purav, learned AGP for respondent Nos. 1 and 3.

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2. On 6^th September, 2021 we had passed the following order:-

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“2.Petitioner seeks medical termination of her pregnancy
which is stated to be in its 24th week on the ground that the
fetus suffers from severe abnormalities.

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3.Having heard learned counsel for the parties and on due
consideration, we direct Respondent No.1-Dean of B. J.
Government Medical College and Sassoon Hospital to
constitute a medical board for examination of the petitioner.
4.Petitioner shall appear before the medical board within
48 hours. Report of the medical board be placed before us on
or before the next date in sealed cover.

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5. Stand over to 9^th September, 2021.”

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Sonali

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2/3 5.WP.5109.2021.doc

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3. Thereafter on 9^th September, 2021 the following order came to be passed:-

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“3. Today, when the matter is called upon, learned AGP has
placed before us report of the medical board of B. J.
Government Medical College and Sassoon General Hospital,
Pune dated 08.09.2021, which we have perused. Medical
board has recommended as under :-

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“Key recommendations of the panel (if any) with justification:
On clinical and sonographic examination mother has
pregnancy of 25 weeks 6 days. She has no major medical and
obstetric complications. In view of ultrasonographic findings
suggestive of Arnold Chiari malformation Type II, prominent
ventricular system and large sacro-coccygeal
meningomyelocele which might require multiple surgeries and
even after these surgeries baby may have neurodevelopmental
defecit. Baby has guarded prognosis and morbidity and
mortality status of the congenital conditions and surgeries are
also guarded.

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Thus medical termination of pregnancy is recommended with
kind permission of Hon’ble High Court.”

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4. Having heard learned counsel for the parties and
considering the materials on record including the report of the
medical board as extracted above, we grant liberty to the
petitioner to undergo medical termination of pregnancy in B.
J. Government Medical College and Sassoon General Hospital,
Pune expeditiously.

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5. Outcome of the procedure shall be informed to us on
the next date.

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6. Stand over to 17.09.2021.”

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4.Today when the matter is called upon learned AGP has placed
before us a letter dated 15th September, 2021 issued by the Dean of
B. J. Government Medical College and Sassoon Hospital, Pune which
says that the procedure was successfully completed on 11th
September, 2021.

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Sonali

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5.WP.5109.2021.doc

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5. Mr. Tejesh Dande, learned counsel for the petitioner submits that the petitioner has been discharged from the hospital.

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6. In view of the above, nothing survives in the Writ Petition, which is accordingly disposed of.

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 (MADHAV J. JAMDAR, J.) (UJJAL BHUYAN, J.)

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Sonali

Mrs. X. Y. Z v. the Dean of B. J. Govt. Medical College and Sasson Hospital and Ors.

Case brief

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Mrs. X. Y. Z v. the Dean of B. J. Govt. Medical College and Sasson Hospital and Ors.

Case brief

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