ROSHNI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioners have filed the present petition claiming the writ of mandamus for medical termination of pregnancy of petitioner No.1.

(2.) According to the petitioners, they are husband and wife, by virtue of their marriage solemnized on 24.11.2017. Out of the aforesaid wedlock, petitioner No.1 has been conceived. As per report of the Radiologist, the right Kidney of foetus is not visible and there are other complications. On the basis of aforesaid report, the treating Doctor gave an opinion that after birth, the child may not survive for even 2-3 days. In view of the above, petitioner No.1 has submitted an application before the Collector, Indore seeking termination of her pregnancy.

(3.) Since the age of foetus is more than 20 weeks, therefore, under the provisions of Medical Termination of Pregnancy Act, 1971 (hereinafter, for short, "the Act of 1971"), the doctor has refused to terminate her pregnancy, hence both the petitioners have filed the present petition before this Court.