MADHURI SUDHAKAR BHONDAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 17.05.2019 (2) wp5751.19 P.C. :- respectively wife and husband have prayed to issue writ of mandamus to grant permission to petitioner No.1 to terminate her pregnancy by giving directions to respondent Nos.2 or 3. After filing the petition, by order dated 14.05.2019 petitioner No.1 was directed to appear before the Medical Board at Aurangabad for examination and to submit the report today i.e. 17.05.2019, through learned AGP. The Medical Board today submitted report dated 16.05.2019, which is taken on record and marked as "X" for identification with following findings noted by the said Board. Length of Pregnancy: Gestational Age of 21 weeks 01 day.

(2.) Single live intrauterine fetus with findings are as follows: Atrioventricular Septal Defect with Hypoplastic right ventricle (Undeveloped small Major Chamber of heart)

(3.) Learned counsel for the petitioners submitted that taking into consideration the above findings of the Board, it is a fit case to permit petitioner No.1 to terminate the pregnancy by the Committee at Beed which is under Civil Surgeon, Civil Hospital, Beed. It is (3) wp5751.19 submitted that in the similar set of facts in the writ petition No.5336/2019 the Division Bench of this Court by order dated 03.05.2019 directed the petitioner in that petition to present herself before the Committee constituted by respondent No.4, the Government Medical College and Hospital, Aurangabad and to submit report on 04.05.2019 and further granted liberty to the petitioner in that petition to move before the learned Vacation Judge. Further, it is submitted that accordingly by the order dated 07.05.2019 in writ petition No.5336/2019 the learned Vacation Judge passed the order to complete the procedure of termination of pregnancy of petitioner. Paragraph Nos. 10, 11 and 12 of the order in the said writ petition are as under: