Varsha W/O Amardeep Taksande And ... vs State Of Maha., Thr. Principal ...
2024 Latest Caselaw 102 Bom

Bombay High Court

Varsha W/O Amardeep Taksande And ... vs State Of Maha., Thr. Principal ... on 3 January, 2024

Author: M.S.Jawalkar

Bench: Avinash G. Gharote, M.S.Jawalkar

2024:BHC-NAG:63-DB
                                        1                            60-wp-8437-23-J.odt


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

                            WRIT PETITION No. 8437 OF 2023

                     PETITIONERS:    : 1      Varsha W/o. Amardeep Taksande,
                                              Aged about 29 years,
                                              Occupation: Housewife,

                                        2     Amardeep S/o. Charandas Taksande,
                                              Aged about 40 years,
                                              Occupation: Private,
                                              Both are R/o. At Walinagar, Post-
                                              Ralegaon, Ta- Ralegaon, Dist.
                                              Yawatmal-445402


                                                     Vs.

                     RESPONDENTS : 1          State of Maharashtra
                                              Through its Principal Secretary,
                                              Department of Public Health,
                                              Mantralaya, Mumbai - 400 032

                                        2     The District Civil Surgeon,
                                              Govt. Medical College And
                                              Hospital, Wardha, Dist- Wardha.


                     Shri R.M.Wasnik, Advocate for the petitioner.
                     Shri A.M.Joshi, AGP for respondent / State.

                                            CORAM:     AVINASH G. GHAROTE AND
                                                       SMT. M.S.JAWALKAR, JJ.
                                            DATED : 03rd JANUARY, 2024
                       2                         60-wp-8437-23-J.odt


ORAL JUDGMENT (Per : SMT. M.S.JAWALKAR , J.).

Rule.

2. Rule is made returnable forthwith.

3. Heard finally with the consent of learned counsel

appearing for rival parties.

4. It is contended that the petitioner no. 1 carries a

pregnancy of 26-27 weeks. As per the opinion of the doctor,

the fetus has multiple anomalies, therefore, the doctor

advised the petitioners to terminate the pregnancy. Hence,

the present petition is filed.

5. This Court had directed to learned AGP to submit

the medical report of Medical Board, Wardha. The petitioner

no. 1 was directed to appear before the Medical Board on

30/12/2023. Accordingly, she presented herself before the

Medical Board. The medical report submitted by learned AGP

is taken on record.

6. In view of the recommendations of the Medical

Board, it would be appropriate to allow the petition for

direction. As such, respondent no. 2 is hereby directed to 3 60-wp-8437-23-J.odt

terminate the pregnancy of petitioner no. 1 on 04/01/2024.

Accordingly, the Writ Petition stands disposed of.

7. Rule is made absolute in the aforesaid terms.

8. The parties to act upon the authenticate copy of

this order.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

B.T.Khapekar

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 03/01/2024 19:18:19