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2025 Supreme(Online)(Ker) 58597

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


Advocates:
For the Appellants/Petitioners: AKASH S
SONIYA S
GIRISH KUMAR M S
For the Respondents: SATHEESH T.P
SHAMEER P M

JUDGMENT

The petitioners are the wife and husband, who have been seeking medical termination of 31 weeks old pregnancy, after having found that the foetus is having left congenital diaphragmatic hernia and left congenital diaphragmatic eventration. On 21.11.2025, 2/3 Trimester Scan at Amrita Institute of Medical Sciences and Research Centre, Ernakulam confirmed the above findings. According to the petitioners, as per Exts. P3 to P9, the foetus is suffering from major anomalies and if at all, the child is born alive, the quality of life would be so poor that even movement would not be possible. The petitioners, therefore, seek for a direction to the respondents to permit the 1st petitioner to undergo medical termination of pregnancy.

2. Heard the learned counsel for the petitioner, the learned DSGI and the learned Government Pleader.

3. When the writ petition came up for consideration on 24th November, 2025, this Court directed the petitioner to appear before the fifth respondent and the fifth respondent to constitute a Medical Board for the purpose of assessing the following:-

(i) whether continuance of the petitioner's pregnancy would involve risk to her life or grave injury to her ph

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