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2026 Supreme(Online)(Ker) 10223

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


Advocates:
For the Appellants/Petitioners: SRI.S.K.ADHITHYAN, SMT.SHAHINA NOUSHAD, SHRI.KRISHNA S. KARUNAKARAN, SHRI.JAI PRAKASH CHOUDHARY
For the Respondents: SHAMEER P.M.

Table of Content
1. substantial foetal abnormalities support termination. (Para 1 , 13)
2. judicial discretion exercised to safeguard health and rights. (Para 2 , 15 , 16)
3. medical board's assessment is crucial for decision-making. (Para 4 , 7)
4. mtp act outlines the conditions for termination. (Para 6 , 8)
5. court affirms reproductive rights under article 21. (Para 10 , 12)

J U D G M E N T

The first petitioner the wife, who has been seeking medical termination of 25 weeks old pregnancy, after having found that the foetus suffers from fatal abnormalities including issues to the heart like large Cono Ventricular Septal Defect(VSD) associated with double outlet right ventricle. On 03.02.2026, fetal echocardiography done at Amrita Institute of Medical Sciences and Research Centre, Ernakulam, evidenced by Ext.P1 report, in which, it was found that the foetus was also diagnosed with pulmonary atresia, which is congenital heart defect where the pulmonary valve is blocked preventing blood flow from the right ventricle to the lungs. There was also absence of the aortic arch as the actions of the same are generally considered abnormal. The foetus was also diagnosed with Tetralogy of Fallot wh

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