Disposed

Chaitrali Nikhil Joshi and Anr. v. the State of Maharashtra and Ors.

Bombay HC1 Oct 2021WP/5569/2021

Case brief

AI extract

What is this about?

Writ petition filed seeking medical termination of pregnancy due to severe fetal abnormalities. Medical board recommended termination. Court granted liberty to undergo procedure and disposed of petition upon confirmation of successful termination.

What did the court decide?

Liberty granted to petitioner to undergo medical termination of pregnancy expeditiously at the specified hospital.

Chaitrali Nikhil Joshi and Anr. Vs the… — Constitutional and Fundamental Rights | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.5569 OF 2021

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Mrs.Chaitrali Nikhil Joshi & Anr. … Petitioners V/s. State of Maharashtra & Ors. … Respondents

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Mr.Ashish P. Agarkar with Mr.Saurabhi Oswal for the Petitioners. Mr.A.B.Kadam AGP for the Respondent-State.

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CORAM: UJJAL BHUYAN AND MADHAV JAMDAR, JJ.

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DATE : 1ST OCTOBER, 2021.

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P.C:-

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Heard learned Counsel for the parties.

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On 16/09/2021 we had passed the following order :

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“2. By way of this petition under Article 226 of the Constitution of India, petitioners seek medical termination of pregnancy of petitioner No.1 wife which is stated to be in its 25th week on the ground that the fetus suffers from severe abnormalities. Petitioners are husband and wife.

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Having heard learned counsel for the parties and on goingthrough the materials on record, we direct Dean of B. J. Government Medical College and Sasoon General Hospital, Pune to constitute a medical board for examination of petitioner No.1 wife and thereafter to submit a report before this court on or before the next date.

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Let petitioner No.1 appear before the medical board within 48 hours.

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Stand over to 21st September, 2021.”

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Thereafter when the matter was heard on 21/09/2021 the following order was passed :

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“3. Today when the matter is called upon, learned AGP has placed before us the report of the medical board dated 18th September, 2021 which we have perused. Relevant portion of the medical report reads as under :-

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"On clinical and sonographic examination mother has pregnancy of 26 weeks 6 days. She has no major medical and obstetric complications. In view of ultrasonographic find is suggestive of multiple congenital anamolies, there is need of several surgeries by experts from different specialties. There may be associated neurological deficit and significant morbidity with guarded prognosis.

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Thus medical termination of pregnancy is recommended with kind permission of Hon'ble High Court."

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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 petitioner No.1-wife to undergo medical termination of her pregnancy in the B. J. Government Medical College and Sassoon Hospital, Pune expeditiously.

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

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6.Stand over to 1st October, 2021.

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Today, when the matter is called upon Mr.Kadam, learned AGP has placed before us letter dated 28/09/2021 of the Dean of B.J. Government Medical College and Sassoon General Hospital, Pune addressed to the Registrar General of this Court stating that medical termination of pregnancy of the Petitioner was successfully carried out on 28/09/2021.

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That being the position no further order is called for.

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Writ Petition is accordingly disposed of.

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[MADHAV JAMDAR, J.]

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[UJJAL BHUYAN, J.]

Chaitrali Nikhil Joshi and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

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Chaitrali Nikhil Joshi and Anr. v. the State of Maharashtra and Ors.

Case brief

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What did the court decide?

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