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2025 Supreme(Ker) 1707

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Rosamma Joseph W/o Anish Varghese – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Manjunath Menon, Arya Raghunath
For the Respondent: K.B. Sony

JUDGMENT :

1. The petitioners are wife and husband, who have been seeking medical termination of 26-weeks-old pregnancy as on 28.05.2025, after having found multiple anomalies to the foetus, viz., mesomelic shortening of bilateral forearm with absent/hypostatic radius and bilateral club hand - radial ray anomaly, crossed fused foetal kidneys in right side, cervical hemivertebrae, ccTGA and single umbilical artery. The petitioners are also parents of two daughters aged 6 and 3 years old. According to the petitioners, as per Exts.P5 and P7 scan reports, the doctors opined that the foetus suffers from multiple anomalies. The petitioners, therefore, seek for a direction to the respondents to permit the first petitioner to undergo medical termination of pregnancy.

2. Heard the learned counsel for the petitioners and the learned Government Pleader.

3. When the writ petition came up for consideration on 28.05.2025, this Court directed the fourth respondent to constitute a Medical Board for the purpose of assessing the following:-

a) Whether continuance of the first petitioner's pregnancy will involve risk to her life or grave injury to her physical or mental health?

b) Whether there is a subst

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