Petitioner sought writ directing abortion of a two-month-old foetus. Court noted pregnancy was within 12 weeks under MTP Act and dismissed petition as no impediment existed.
Writ of Mandamus to direct abortion of petitioner's minor daughter's foetus was dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.12.2018
CORAM:
THE HON'BLE Mr. JUSTICE R.SUBBIAH AND THE HON'BLE Mrs. JUSTICE R.THARANI
W.P.(MD)No.23670 of 2018
Minor J.Niranjana Devi
Rep.by her father and natural guardian, K.Jeyakumar
... Petitioner Vs.
1.The Dean, Theni Government Hospital, K.Vilakku, Theni, Theni District.
2.The Sub Inspector of Police, Rayappanpatti Police Station, Theni District. ... Respondents
PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to abort the two months old foetus growing inside the womb of the petitioner's minor daughter namely, J.Niranjana Devi, daughter of Jeyakumar by proper medical process on her admission within a time as stipulated by this Court
For Petitioner : Mr.P.Gunasekaran
For Respondents : Mr.V.R.Shanmuganathan, Spl.G.P.
ORDER
(Order of the Court was made by R.SUBBIAH,J. )
This Writ petition has been filed to issue a Writ of Mandamus, directing the first respondent to abort the two months aged foetus growing inside the womb of the petitioner's minor daughter namely, J.Niranjana Devi, by proper medical process within a time frame.
2.Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice for the respondents. By consent, this Writ petition itself is taken up for final disposal at the admission stage itself.
3.When the matter is taken up for consideration, the learned Special Government Pleader appearing for the respondents on
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instruction submitted that foetus is 8 weeks inside the womb of the petitioner's minor daughter.
4.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
5.As per Section 3 of the Medical Termination of Pregnancy Act, 1971, a pregnancy may be terminated by a registered medical practitioner if the length of pregnancy does not exceed twelve weeks.
6.In view of the said provision, this Court is of the view that there may not be any impediment to carry on termination by a registered medical practitioner. Hence, we find that there is no need to entertain this Writ petition. Accordingly, this Writ petition is dismissed. No costs.
Sd/-
Assistant Registrar(CS I)
/True Copy/
Sub Assistant Registrar(CS II)
To
1.The Dean,
Theni Government Hospital, K.Vilakku, Theni, Theni District.
2.The Sub Inspector of Police, Rayappanpatti Police Station, Theni District.
1CC TO MR. P GUNASEKARAN, ADVOCATE SR 99276 1CC TO THE SPL GOVT PLEADER SR 99303
W.P.(MD)No.23670 of 2018
SP RSK SAR 2 10.12.2018 2P 5C
2 provisions across 2 enactments
Minor J.Niranjana Devi Rep.by her father and natural guardian, K.Jeyakumar
The Dean, Theni Government Hospital, K.Vilakku, Theni, Theni District
The Sub Inspector of Police, Rayappanpatti Police Station, Theni District
R.SUBBIAH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
