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2025 Supreme(Online)(Ker) 57721

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ANCY KANDISSERIL ALEX – Appellant
Versus
THE UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.D.KISHORE, SMT.MEERA GOPINATH, SHRI.ANANT KISHORE
For the Respondents: SHRI.NAVANEETH.N.NATH

JUDGMENT

The petitioners, who are husband and wife, have been seeking medical termination of 25 weeks' old pregnancy of the first petitioner, after having found the foetus is having a complex congenital heart disease. The petitioners are also parents of a child. Exts.P2 to P4 would indicate that there is substantial risk that, if the child is born, it would suffer from serious physical abnormalities 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, the learned Central Government Counsel and the learned Government Pleader. 3. When the writ petition came up for consideration on 12.12.2025, this Court directed the additional sixth respondent to constitute a Medical Board for the purpose of assessing the following:-

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

b) Whether there is a substantial risk that if the child is born, it will suffer from such physical or mental abnormalities as to be seriously handicapped and if so, the nature of abnormalities; and, c) W

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