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2021 Supreme(Online)(KER) 46189

HIGH COURT OF KERALA
AKHILA K. – Appellant
Versus
THE UNION OF INDIA – Respondent


Advocates:
SRI. P.VIJAYAKUMAR, ASG FOR R1, SRI. V. TEK CHAND, SR GP FOR R2 TO R6

JUDGMENT

Dated this the 16th day of February, 2021 S.Manikumar, C.J.

Instant writ appeal is directed against the judgment in W.P(C).

No.3230 of 2021 dated 11.02.2021, by which a learned single Judge of this Court declined to issue any direction to the respondents, to allow the 1st petitioner therein/1st appellant in this writ appeal, to undergo medical termination of pregnancy.

2. Short facts leading to the filing of writ appeal are as under:

Appellants are the wife and husband respectively. The 1st appellant was informed that she is pregnant on 23.08.2020 and has thereafter carried out routine medical checkups. The 1st appellant is currently in the 31st week of pregnancy. The foetal echocardiography and obstetric ultrasonography scan conducted on her revealed that the foetus may be suffering from a rare, severe and life threatening prognosis, and 95% of the babies born with the Syndrome have not survived, even for one year.

3. Appellants have further stated that the Medical Board constituted, in accordance with the interim order of the learned single Judge, has completely ignored the finding that the foetus is suffering from Neonatal Marfan Syndrome, even after presentation of reports,

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