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2024 Supreme(Online)(DEL) 477

HIGH COURT OF DELHI
MR. JUSTICE SANJEEV NARULA, J
RUBAIDA KHATUN – Appellant
Versus
THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ORS. – Respondent


Dr. Amit Mishra, Advocate; Ms. Rachita Garg, Mr. Agam Rajput and Ms. Preeti Chauhan, Advocates for R-1, 3; Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar and Mr. Aakash Pathak, Advocates for UOI; Mr. Satya Ranjan Swain, Panel Counsel for AIIMS with Mr. Kautilya Birat and Mr. Ankush Kapoor, Advocates for R-2.

JUDGEMENT

SANJEEV NARULA, J. (Oral):

1. Considering the facts of the present case and the nature of issues involved, it is directed that the Petitioner’s name and associated details shall not be disclosed to the public. The Registry shall reflect the cause title as “Mrs. ‘R’ v. The Principal Secretary Health and Family Welfare Department & Ors.”.

2. The Petitioner, a married women of 31 years residing with her husband and son of 9 years has approached this Court for medical termination of ongoing pregnancy under Section 3(2B) & 3(3) of the Medical Termination of Pregnancy Act, 1971 .1 The facts of the case are briefly stated as follows:

2.1. The Petitioner got married on 30th November, 2014, and delivered her first child (boy) on 10th October, 2015 at Deen Dayal Hospital.

2.2. The said boy is unfortunately suffering mental disability since birth. He is completely dependent upon the mother to take care of him for his basic needs and day to day activities.

2.3. The Petitioner conceived again after 9 years and on 12th February, 2024, she got an ultrasound done at Deen Dayal Hospital, which confirmed the pregnancy of 12 weeks. The second ultrasound was done on 1st April, 2024, which also co

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