IN THE HIGH COURT OF KARNATAKA AT BENGALURU
NC: 2026:KHC:25550
WP No. 16035 of 2026
DATED THIS THE 1ST DAY OF JUNE, 2026
BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 16035 OF 2026 (GM-RES)
BETWEEN:
SMT. XXXXXXXXXX
XXXXXXXXXXXXXX,
XXXXXXXXXXXXXX,
XXXXXXXXXXXXXX,
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX,
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX,
XXXXXXXXXXXXXX.
…PETITIONER
(BY SRI. RAVISHANKAR G S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
VIKASASOUDHA
BANGALORE - 560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. UNION OF INDIA
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
ROOM NO.S 211-D, NIRMAN BHAWAN,
NEW DELHI - 110 011
REPRESENTED BY ITS SECRETARY
…RESPONDENTS
(BY SRI. V.G. BHANUPRAKASH., AAG FOR
SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1;
SRI. ARAVIND KAMATH., ASGI FOR
SMT. SADHANA S. DESAI., CGC FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT/DIRECTION/PERMISSION TO THE PETITIONER TO MEDICALLY TERMINATE HER PREGNANCY, THE LENGTH OF WHICH HAS EXCEEDED 32 WEEKS UNDER THE MEDICAL CARE AND SUPERVISION OF DR.PRIVA CR OR OTHER QUALIFIED EXPERTS AT AT ANUPAMA HOSPITAL, 72. CII IO ROAD, BEL LAYOUT, 2ND PHASE, NEAR KARNATAKA BANK-COLLEGE BUS STOP, BYADARAHALLI, MAGADI MAIN ROAD, BENGALURU 560091 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner - pregnant mother is before this Court seeking for the following reliefs:
a) Issue a writ/direction/permission/to the petitioner to medically terminate her pregnancy, the length of which has exceeded 32 weeks under the medical care and supervision of Dr.Priya C R or other qualified experts at Anupama Hospital, #72, CII IQ Road, BEL Layout, 2nd phase, Near Karnataka Bank-College Bus stop, Byadarahalli, Magadi Main Road, Bengaluru 560091 in the interest of justice and equity.
b) Pass any such writs, orders and directions as this Hon’ble court may deem fit in the facts and circumstances of the case in the interest of justice and equity.
2. The petitioner states that she is a married woman aged about 36 years and is presently pregnant. It is submitted that out of the said wedlock, she has one female child aged about 10 years, who is stated to be in good health.
3. The petitioner submits that during the course of her present pregnancy, she has been undergoing regular antenatal care and medical examinations, including periodic ultrasonography, as advised by the treating doctors.
4. It is stated that an ultrasound scan conducted on 06.05.2026 revealed certain abnormalities in the fetus. In view of the findings recorded therein, a repeat scan was conducted on 07.05.2026 for confirmation and further evaluation.
5. According to the petitioner, the findings recorded in both the scans indicated the presence of serious fetal abnormalities and anomalies. Upon evaluation of the scan reports and other relevant medical records, the treating doctors are stated to have informed the petitioner regarding the nature of the abnormalities detected in the fetus and the possible medical consequences arising therefrom.
6. The petitioner submits that the abnormalities detected are of such a nature as to raise serious concerns regarding the health, viability and future quality of life of the fetus. The petitioner further states that she has been advised to obtain appropriate medical opinion and to take necessary steps in accordance with law in view of the abnormalities identified during the course of the pregnancy.
7. It is in the aforesaid circumstances that the petitioner has approached this Court seeking appropriate reliefs based on the medical condition of the fetus as disclosed in the diagnostic examinations conducted on 06.05.2026 and 07.05.2026.
8. The abnormalities which have been identified are as under:-
“There is irregular CSP (Cavumseptum Pelllucidu), the corpus callosum in the main bridge of nerve fibers that connects the left and right hemispheres of the brain. “Partial agenesis means this bridge did not form completely”. The scan notes that the front parts (rostrum, genu, and anterior body) are present but the back parts (posterior body and splenium) are missing or not visible.
Thin irregular Corpus Callosum (The cavum septum pellucidum (CSP) is a fluid-filled space in the center of the brain closely tied to the development of the corpus callosum. Because that central bridge is incomplete, the CSP appears irregular, and a nearby fluid space (the third ventricle) is sitting higher up than usual).
Rostrum, Genu and anterior part of the body is seen.
Posterior part of body and splenuim not seen.
High riding of third ventricle. (Partial Agenesis of Corpus Callosum).
Bilateral Lateral Ventriculomegaly (Both fluid-filled ventricles in the brain are now showing enlargement. The left side measures 13.0 mm (which is classified as mild ventriculomegaly), and the right side measures 16.4 mm (which crosses the threshold into moderate-to-severe ventriculomegaly, defined as greater than 15 mm).
Right lateral ventricular atrial width measures 16.4 mm.
Left lateral ventricular atrial width measures 13 mm.
9. The ultrasound examinations conducted on 06.05.2026 and 07.05.2026 revealed significant abnormalities in the development of the fetal brain. The diagnostic findings indicate partial agenesis of the corpus callosum, namely, incomplete formatio
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.