S.YOGESH Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner seeks for a Mandamus directing the 2nd respondent to examine the 5th respondent under the provisions of Medical Termination of Pregnancy Act, 1971 and Rules framed thereunder and consequently, direct the 2nd respondent to perform the termination of pregnancy of the 5th respondent.

(2.) The petitioner is the husband of the 5th respondent. The 6th and 7th respondents are the parents of the 5th respondent.

(3.) The case of the petitioner in short is as follows: He married the 5th respondent on 27.04.2018 and subsequent to the marriage, he started his family life with the her in his residence. He was shocked to know the indifference attitude of his wife and her poor intelligence. On 20.01.2019, the parents of the 5th respondent informed that his wife is pregnant. The doctor, who examined the 5th respondent, confirmed that she is not having proper brain development and suggested to refer her to Clinical Psychiatrist for I.Q. assessment. Therefore, the petitioner decided to terminate the pregnancy after thorough investigation under the provisions of Medical Termination of Pregnancy Act, 1971. However, the respondents 6 and 7 are objecting without understanding the real issues involved in the above matter. At present, the 5th respondent is residing with the respondents 6 and 7 in their residence. Therefore, the writ petition is filed with the relief as stated supra.