Dismissed

Xyz v. the State of Maharashtra through Its Secretary and Another

Bombay HC5 Jan 2024WP/162/2024

Case brief

AI extract

What is this about?

This order dismisses a petition for permission to terminate a pregnancy after a medical board confirmed the fetus had minimal chances of survival. The court recorded that the petitioner's parents are willing to care for her and the child, thus deeming shelter home assistance unnecessary and disposing of the petition.

What did the court decide?

Disposal of the petition with a record that the respondent hospital will render free medical assistance if required during pregnancy and delivery.

Xyz Vs the State of Maharashtra through Its Secretary and… — Medical Negligence | Bombay HC (2024)

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2024:BHC-AUG:254-DB

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902wp162-24MTP

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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902 WRIT PETITION NO. 162 OF 2024

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XYZ

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VERSUS

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THE STATE OF MAHARASHTRA
THROUGH ITS SECRETARY AND ANOTHER

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Mr. Mohit R. Malpani, Advocate for the Petitioner
Mr. P. K. Lakhotiya, AGP for Respondents

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CORAM: RAVINDRA V. GHUGE &
 Y. G. KHOBRAGADE, JJ.
DATE : 5th January, 2024

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ORDER:

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1. On 4th January, 2024, this Court had passed the following

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order:

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"1. Not on the Board. Mentioned. Taken on the
Production Board.

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2. We have perused the First Information Report.
The Petitioner/ Complainant and the purported accused
voluntarily lived together and the Petitioner conceived.
Presently, she appears to be in the 24th week of gestational
period. By this petition, the Petitioner prays for permission
to terminate the pregnancy.

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3. We permit the Petitioner, accompanied by one of
her parents, preferably her mother, to approach
Respondent No.2 at 03:00 PM today at Nanded for a
medical examination.

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Page 1 of 4

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902wp162-24MTP

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4. The Medical Board of Respondent No.2/
Government Medical College and Hospital at Nanded,
would express an opinion as to whether, the foetus has a
normal growth and whether, the termination of pregnancy
can be permitted. The Medical Board shall express a clear
opinion as to whether, the foetus is carrying a beating
heart. Let such report be transmitted by email to the office
of the Government Pleader, High Court of Bombay, Bench
at Aurangabad, in order to be placed before us tomorrow
(05.01.2024).

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5. Stand over to 05.01.2024 (tomorrow) in the passing orders category."

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2.Today, the learned AGP has placed, the report of the Medical
Board comprising 6 Senior Professors and HOD of various departments,
dated 05.01.2024. The relevant portion of the medical report reads as
under:-

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" USG (24/12/23) : Single live intrauterine pregnancy of
25.1 weeks GA, variable presentation with liquor adequate
with placenta anterior forming with 8.12 grams with no any
obvious anomaly detected on present scan.

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Opinion of expert committee regarding MTP:

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The examinee Tamanna Kasis Parvez Beg is under
guardianship of Parvez Beg and is physically and mentally fit
to undergo Medical Termination of Pregnancy. She has been
examined thoroughly by expert committee and opinion that
the patient is fit for termination of pregancy on the
humanitarian grounds. Termination might be by vaginal

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Page 2 of 4

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902wp162-24MTP

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route or by casesarean section. As she has completed 25.2
weeks, there are chances of live birth of baby, but chances of
survival is minimal."

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3. It is, therefore, apparent from the report that though the termination of pregnancy is possible, there are chances of a live birth of a baby, though chances of survival are minimal.

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4.Having considered the above situation and in the light of
orders passed by this Court dated 20.06.2023 in Writ Petition No. 6340
of 2023, order dated 26th July, 2023 in Writ Petition NO. 8584 of 2023
and order dated 29.08.2023 in Writ Petition No.10704/2023, the
learned Advocate for the Petitioner sought a pass over to take
instructions.

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5.After the matter was called out, the learned Advocate submits
on instructions that the parents of the Petitioner are willing to take
care of the Petitioner during the period leading to the delivery of a
child. She would be residing in her parents home and they do not
desire any assistance from any shelter home.

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6. In view of the above, this Petition is disposed off.

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7.However, we record that if the Petitioner requires any medical
assistance, including any counseling or psychological or medical
assistance, the 2nd Respondent - S.G. Government Medical College and

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Page 3 of 4

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902wp162-24MTP

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Hospital, Vishnupuri, Nanded would render adequate assistance on all
counts during the period of pregnancy and until the child is delivered,
free of costs, even if any medical intervention/procedure is required, if
the Petitioner approaches the said institution for such medical
assistance.

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( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )

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JPChavan

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Page 4 of 4

Xyz v. the State of Maharashtra through Its Secretary and Another

Case brief

What is this about?

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Xyz v. the State of Maharashtra through Its Secretary and Another

Case brief

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