X vs Union of India - 2023 Supreme(SC) 1864

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1864

HIMA KOHLI, B. V. NAGARATHNA
X – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Petitioner: Dr. Amit Mishra, Adv., Mr. Rahul Sharma, AOR
For the Respondent: Ms. Aishwarya Bhati, Ld. ASG, Ms. Sthavi Asthana, Adv., Mr. Abhijeet Singh, Adv.

Table of Content
1. petitioner's request for medical termination under article 32. (Para 1)
2. counsel's submission regarding medical diagnosis. (Para 2 , 5)
3. court's direction for medical board assessment. (Para 3 , 4 , 6 , 7)
4. scheduling of the next hearing. (Para 8)

ORDER :

1. The present petition has been filed by the petitioner invoking Article 32 of the Constitution of India and praying inter alia for issuing directions to the respondents to permit medical termination of her pregnancy which has by now crossed 24 weeks, on a plea that the petitioner who is a mother of two children, is suffering from ‘Lactational Amenorrhea’ and from depression due to which she is unwilling to continue with the pregnancy.

2. The matter was taken up in the morning when learned counsel for the petitioner had sought some time to produce the diagnosis of the doctor under whom the petitioner is stated to be undergoing treatment, which is not on record. In the post lunch session, learned counsel has handed over some documents including prescriptions of the treating doctor which are taken on record.

3. Issue notice.

4. Ms. Aishwarya Bhati, learned Additional Solicitor General accepts notice on behalf of th

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