VIJAY CHANDRAWANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant-1 is father of appellant-2. The appellants have filed this appeal challenging the impugned order dated 21.08.2019 whereby learned Single Judge dismissed their WPC-2641 of 2019 seeking relief of permission for termination of pregnancy of appellant-2.

(2.) Brief facts relevant for disposal of this appeal are that appellant-2 was kidnapped from lawful guardianship of her parents on 20.06.2018. Missing report was lodged at concerned Police Station and offence punishable under Section 363 of IPC was registered. The missing girl was recovered on 31.05.2019 from village Parna, district Kishtwad, Jammu and Kashmir and was sent for medical examination. On medical examination it was revealed that the girl was carrying pregnancy of 3 1/2 months as pleaded by the appellants in Writ Petition. Looking to the girl being minor, her father made an application before the Civil Surgeon, District Hospital Korba for termination of her pregnancy. Looking to the legal impediment, he was advised to take appropriate orders from the authorities concerned by taking legal remedy which made the appellants to file Writ Petition before the High Court.

(3.) The Writ Petition was filed on 27.07.2019 with the following reliefs: