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2021 Supreme(Bom) 1219

UJJAL BHUYAN, MADHAV J.JAMDAR
Sidra Mehboob Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Aditi Saxena, Advocate, Rachita Padwal, Advocate, Uma Palsuledesai, Advocate, Purnima Awasthi, Advocate

JUDGMENT

Ujjal Bhuyan,J. - Heard Ms. Aditi Saxena, learned counsel for the petitioner; Ms.Uma Palsuledesai, learned AGP for respondent No.1-State; and Ms.Purnima Awasthi, learned counsel for respondent No.2.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction and / or permission for medical termination of her pregnancy on the ground that the pregnancy is having adverse impact on her mental health on account of continuing domestic violence.

3. On 22.07.2021, this Court directed Dean of Sir J. J. Group of Hospitals, Mumbai to constitute a medical board for examination of the petitioner particularly her mental capacity to proceed with the pregnancy. It was directed that report of the medical board be placed before the Court on the next date.

4. On 29.07.2021, medical board of Sir J. J. Group of Hospitals, Mumbai submitted medical report dated 27.07.2021. We had recorded in the order dated 29.07.2021 that as per report of the medical board, petitioner has suffered mental distress due to marital discord. Medical board has opined that petitioner does not suffer from mental illness at present; she is of sound mind; that there is no eviden

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