LAWS(BOM)-2021-12-93

GULFSHA WASIM SHEIKH Vs. STATE OF MAHARASHTRA

Decided On December 07, 2021
Gulfsha Wasim Sheikh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

(3.) It is the contention of the petitioner that though the petitioner is in the advanced stage of pregnancy carrying the fetus of about 36 weeks old the continuation of the pregnancy as opined by the expert doctors is likely to cause grave danger to the life of the petitioner and even if the birth of the child takes place, the child to be born is likely to be seriously incapacitated and handicapped and therefore, as held in the cases of Priyanka Shukla Vs. Union of India and ors. in Writ Petition (C)No. 7080 of 2019 and Mahima Yadav V. Government of NCT of Delhi and ors reported in WP (C) No.4117 of 2021, in which Delhi High Court followed the settled law laid down by the Apex Court, this is a fit case for grant of permission to terminate the pregnancy.