Bhavitha C vs State Of Kerala
2021 Latest Caselaw 15151 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
    TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                   WP(C) NO. 14396 OF 2021
PETITIONER/S:
1        BHAVITHA C,
         AGED 35 YEARS, W/O.DHANESH T.M.,
         RESIDING AT DHANASREE, KOTHAMANGALAM,
         KOYILANDI, KOZHIKODE-673 305.
2          DHANESH T.M.,
           AGED 37 YEARS, S/O.VASU T.M.,
           DHANASREE, KOTHAMANGALAM,
           KOYILANDI, KOZHIKODE-673 305
           BY ADVS.
           SRINATH GIRISH
           P.JERIL BABU

RESPONDENT/S:

1          THE STATE OF KERALA,
           REPRESENTED BY SECRETARY TO GOVERNMENT,
           DEPARTMENT OF HEALTH AND FAMILY WELFARE,
           GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-695
           001.


2          THE DISTRICT MEDICAL OFFICER,
           OFFICE OF THE DMO, KOZHIKODE,
           CIVIL STATION, KOZHIKODE -673 001
3          THE SUPERINTENDENT,
           GOVERNMENT WOMEN & CHILDREN HOSPITAL,
           KOTTAPARMBA, KOZHIKODE -673001
4          THE HEAD OF DEPARTMENT,
           INSTITUTE OF MATERNAL & CHILD HEALTH,
           GOVERNMENT MEDICAL COLLEGE KOZHIKODE,
           KOZHIKODE- 673008
 W.P.(C) No.14396 of 2021            2



5           THE SUPERINTENDENT,
            GOVERNMENT MEDICAL COLLEGE KOZHIKODE,
            GOVT.MEDICAL COLLEGE, KOZHIKODE -673 008


            SRI.VINITHA B, GOVERNMENT PLEADER

     THIS     WRIT    PETITION     (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     20.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.14396 of 2021             3




                      W.P.(C) No.14396 of 2021
               -----------------------------------------------
                            JUDGMENT

The first petitioner is the wife of the second petitioner.

The first petitioner is undergoing 22nd week of pregnancy. It is

stated by the petitioners that as the doctors who have treated the

first petitioner in connection with the pregnancy found out various

fetal anomalies, the petitioners approached the Institute of

Maternal and Child Health, Kozhikode, for terminating the

pregnancy of the first petitioner. It is alleged by the petitioners

that though the length of the pregnancy of the first petitioner

does not exceed 24 weeks, the respondents are insisting orders

of this court for terminating the pregnancy. According to the

petitioners, since the length of the pregnancy of the first

petitioner does not exceed 24 weeks, the respondents are obliged

to terminate the pregnancy, as the investigations conducted on

the first petitioner reveal that there is a substantial risk that if a

child were born, it would suffer from such physical or mental

abnormality.

2. When the matter was taken up today, the learned

Government Pleader, on instructions, submitted that steps are

being taken by the respondents to terminate the pregnancy of the

first petitioner.

In the light of the said submission, the writ petition is

closed recording the same.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Rkj

APPENDIX

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONERS EXHIBIT P2 TRUE COPY OF THE OP TICKET FROM GOVERNMENT WOMAN & CHILDREN HOSPITAL, KOTAPARAMBA, KOZHIKODE, ALONG WITH THE PRESCRIPTION OF THE GYNECOLOGIST EXHIBIT P3 TRUE COPY OF THE FETAL ECHO CARDIOGRAPHY REPORT DATED 14.7.2021 FROM ASTER MIMS HOSPITAL, KOZHIKODE EXHIBIT P4 TRUE COPY OF THE REPORT FROM THE RADIOLOGY DEPARTMENT OF GOVT.MEDICAL COLLEGE HOSPITAL, KOZHIKODE DATED 15.7.2021 EXHIBIT P5 TRUE COPY OF THE OUTPATIENT CARD FROM THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOZHIKODE.