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2026 Supreme(Online)(Ker) 5068

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


Advocates:
For the Appellants/Petitioners: SRI.LIJI.J.VADAKEDOM, SHRI.ATHUL V. VADAKKEDOM, SMT.REXY ELIZABETH THOMAS, SMT.ANCY DANIEL
For the Respondents: SRI. SHAMEER P M

J U D G M E N T The petitioners, who are husband and wife, have been seeking medical termination of 31 weeks plus 3 days old pregnancy, after having found that the foetus suffers from congenital abnormalities of the brain and head, including features suggestive of microcephaly, carrying a high likelihood of serious and lifelong physical and neurological disability. According to the petitioners, Exts.P4 to P6 scan reports reveal that the head and brain of foetus are affected by serious developmental abnormalities. The petitioners, therefore, seek for a direction to the respondents to permit the petitioner to undergo medical termination of pregnancy.

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

3. When the writ petition came up for consideration on

27.01.2026, this Court directed the sixth 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 physical or mental health, (ii) whether there is a substantial risk that if the child was born, it would suffer from such physical or mental abnormaliti

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