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2021 Supreme(Guj) 228

B.N.KARIA
Solingaben Himrajbhai Machhar (Minor) Thro Himrajbhai Ratnabhai Machhar – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR JAPAN V. DAVE
For the Respondent: MR MANAN MEHTA, adv

ORDER :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondents. Today, learned APP for the respondents-State has produced a report dated 26.03.2021 under the signature of Professor and HDD, Obs.& Gynec Depart. alongwith opinion of two Gynecologist of GMERS Sola Civil Hospital, which are taken on record.

2. The opinion given by the OBS-GYNEC department, GMERS is as under:

    •?As per MTP Act, termination of pregnancy can be done upto 20 weeks of pregnancy.

•?At present patient is having 18 weeks 5 days pregnancy as per LMP 15/11/2020 and USG dated 26.03.2021 suggestive of 19 weeks 6 days pregnancy.

•?Pregnancy can be terminated with due risk associated with sickle cell trait and age of patient.

•?Informed consent of the guardian will be required for performing MTP after explaining the entire likely outcome.

•?HEMATOLOGIST AND CARDIOLOGIST OPINION TAKEN AT CIVIL ASARWA in view of sickle cell trait and as per their advise, she is at low cardiac risk (0.04%)

•?The medical methods (Mifepristone and Misoprostol) employed for termination of pregnancy at this maturity of foetus may result in failure in which case caesarean delivery (Hysterotomy

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