WP/14494/2018 of KIRAN KAILAS GAVHANDE AND ORS. Vs UNION OF INDIA THROUGH THE SECRETARY AND ORS. on 28 December 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTIONWRIT PETITION NO.14494 of 2018

Kiran Kailas Gavhande and orsVersusUnion of India through the Secretaryand ors

.. Petitioners

.. Respondents

…

Ms.Neha Philip for the petitioners.Ms.Shilpa Kapil for respondent nos.1 and 3.Mr.P.G. Sawant AGP for the State.

CORAM: SMT. BHARATI H.DANGRE, JJ.(Vacation Court) DATED : 28[th] DECEMBER, 2018

P.C:-

1In pursuance of the order dated 20[th] December2018, the petitioner no.1 was subjected to a medicalexamination and on 26[th] December 2018, a report from the B.J.Government Medical College and Sassoon General Hospital,Pune was received. The medical team of experts has opinedthat the pregnancy be terminated since it poses a risk and if thebaby is given birth to, it will require multiple surgeries withhigh morbidity and mortality rate.

Tilak

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2On 26[th] December 2018, the matter was directed tobe placed today so that the intended parents are apprised of thesaid report and accord their consent. Shri Rajendra JaywantraoPawar- the intending father - is present in the Court. Hecategorically makes a statement that he has gone through thereport from the Medical College and Sassoon General Hospital,Pune and in light of the said report, and the opinion of theexpert team of doctors is giving consent to the pregnancy of thepetitioner no.1 to be terminated.

3In such circumstances, since the expert team ofdoctors comprising the Heads of various departments haveopined that there are multiple cardiac complication in the babyand that the pregnancy be terminated, this Court grantspermission to terminate the pregnancy of the petitioner no.1.The learned AGP, on instructions, makes a statement that thepetitioner no.1 can be admitted to the B.J. Government Collegeand Sassoon General Hospital, Pune tomorrow early in themorning and then the team of doctors would immediately commence the process of terminating the pregnancy sincecontinuation of the said pregnancy even by a day would involvehigh risk to the petitioner no.1.

In such circumstances, the petitioner no.1 isdirected to report to the Hospital tomorrow at 8.00 am anddirection is issued to the Government Medical College andSassoon Hospital to proceed with the termination of pregnancyof petitioner by completing the necessary formalities.

of.

With the said direction, writ petition stand disposed (SMT. BHARATI H. DANGRE, J.)