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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
DHANYA DHARMAJAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. medical termination of pregnancy based on foetal health. (Para 1 , 2 , 3) |
| 2. conditions under mtp act for termination. (Para 4 , 5 , 6) |
| 3. judicial oversight in reproductive health decisions. (Para 8 , 10) |
| 4. determination of eligibility for abortion regardless of gestational age. (Para 12 , 13) |
| 5. court's directive for proceeding with termination. (Para 15) |
J U D G M E N T The petitioners are the husband and wife, who have been seeking medical termination of 26 weeks plus four days old pregnancy, after having found that the foetus is suffering from holoprosencephaly and a few other complications. The pregnancy of the first petitioner was discovered lately in a scan done on 31.12.2025 at MDC Diagnostic Centre, Thodupuzha as directed by Dr.Sibimol Aji from District Hospital Thodupuzha. Finding anomalies, she was referred to Medical College, Kottayam on 03.01.2026. Ext.P1 is the scan report. The first petitioner went for consultation at Medical College, Kottayam. After going through the reports, the petitioners were informed that the foetus is showing a condition of holoprosencephaly and other complications which may cause the baby, if born alive, to have severe physica
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