Allowed

Divyani W/O Swapnil Saware and Another v. State of Maharashtra, Thr. Principal Secretary, Dept. of Public Health, Mumbai and Anr.

Bombay HC13 Jan 2023WP/305/2023

Case brief

AI extract

What is this about?

A writ petition filed by a pregnant woman seeking termination due to fetal abnormalities was disposed of. The High Court accepted the Medical Board's report confirming severe handicap risks and granted permission for termination at a specified institute under the Medical Termination of Pregnancy Act, 1971.

What did the court decide?

Permission granted for termination of pregnancy at Mahatma Gandhi Institute of Medical Sciences, Sevagram.

Divyani W/O Swapnil Saware and Another Vs State of… — Medical Negligence | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO.305 OF 2023

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1) Divyani w/o Swapnil Saware, aged about 24 years, occupation : Housewife,

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2) Swapnil s/o Prabhakar Saware, aged about 31 years, occupation : private,

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Both are r/o 195, Purpidit Colony,
behind Chafle Showroom,
Sant Tukdoji Ward, Hinganghat,
District Wardha-442301....Petitioners

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- Versus -

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1) State of Maharashtra, through its Principal Secretary, Department of Public Health, Mantralaya, Mumbai-400032.

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2)The Civil Surgeon, District
Government Medical Hospital,
Wardha, District Wardha. ...Respondents

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Shri A.K. Dhabarde, Advocate h/f Shri R.M. Wasnik, Advocate for
petitioners.

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Smt. S.S. Jachak, Assistant Government Pleader for respondents.

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 CORAM: A.S. CHANDURKAR AND
 MRS.VRUSHALI V. JOSHI, JJ.
 DATED : JANUARY 13, 2023

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ORAL JUDGMENT (PER A.S. CHANDURKAR, J.):

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Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned Counsel for the parties.

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2)The petitioners are a married couple. The petitioner
no.1 carries pregnancy of about 28 weeks. In view of medical advice
received by her suggesting that there are abnormalities in the foetus,
it is desired to terminate the pregnancy. The petitioners, therefore,
prayed that the requisite Medical Board be constituted to facilitate
termination of such pregnancy.

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3)On 10/1/2023, the Civil Surgeon, District Government
Medical Hospital, Wardha was directed to constitute a Medical Board
for examining the petitioner no.1. The petitioner no.1 was directed
to appear before the Medical Board on 11/1/2023 and report was to
be submitted by today.

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4)Today, Smt. Jachak, learned Assistant Government
Pleader for the respondents, has tendered copy of report of the
Medical Board pursuant to aforesaid examination. The same is taken
on record and marked “A” for identification. It is seen that the said
Board was comprising of six Doctors. They examined the petitioner

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no.1 and have opined that if the child is born, it would suffer from
physical/mental abnormalities and would be seriously handicapped.
It is thus suggested that the pregnancy in question can be terminated
for medical reasons. The petitioner no.1 has been found to be
physically fit for such termination. It is further recommended that
the aforesaid procedure can take place at the Mahatma Gandhi
Institute of Medical Sciences, Sevagram, District Wardha.

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5)In the light of the aforesaid report, the following order is

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passed :

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As per the recommendations of the Medical Board, the
petitioner no.1 is free to have her pregnancy terminated in
accordance with the provisions of the Medical Termination of
Pregnancy Act, 1971. As recommended, such termination can be
carried out at the Mahatma Gandhi Institute of Medical Sciences,
Sevagram, District Wardha.

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6)With the above directions, the writ petition is disposed
of. Rule accordingly. No costs.

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7)The parties to act on the authenticated copy of this

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judgment.

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 JUDGE JUDGE

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khj

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Digitally Signed By:KAMAL HUNDRAJ JESWANI Signing Date:13.01.2023 15:53

Divyani W/O Swapnil Saware and Another v. State of Maharashtra, Thr. Principal Secretary, Dept. of Public Health, Mumbai and Anr.

Case brief

What is this about?

What did the court decide?

Divyani W/O Swapnil Saware and Another v. State of Maharashtra, Thr. Principal Secretary, Dept. of Public Health, Mumbai and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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