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2018 Supreme(Bom) 19

R.M.BORDE, R.G.KETKAR
Shaikh Ayesha Khatoon – Appellant
Versus
Union of India, through the Secretary, Ministry of Law and Justice – Respondent


Advocates Appeared:
For the Petitioner: Ms. Meenaz Kakalia, Kranti L.C.
For the Respondent: Mr. N.C. Walimbe, Ms. Shehnaz V. Bharucha, Ashok Verma, A.A. Ansari

JUDGMENT :

R.M. BORDE, J.

Heard. Rule. With the consent of the parties, Rule made returnable forthwith and the Petition is taken up for final disposal at the admission stage.

2. The petitioner is a lady undergoing 27th week of pregnancy and is praying for issuance of a direction to the respondents to allow her to undergo medical termination of pregnancy at medical facility of her choice and at her expenses. It is the contention of the petitioner that on Sonographical examination of the fetus it was revealed that it (fetus) suffers from several foetal anomalies including a congenital malformation. The report of Sonography dated 18.12.2017 is annexed at Exhibit 'A' to the petition. The Sonologist on examination reported several foetal anomalies as recorded below:

(a) Inencephaly

(b) Cerebellar hypoplasia

(c) Hydranencephaly

(d) Laryngeal Atresia

(e) Atrium – Venticular septal defect

(f) Double outlet single ventricle

(g) Stomach not visible

3. It is reported that above congenital malformations increased the likelihood of an underlying genetic abnormality which could be ruled out with inva




















































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