CWP-7183- IN THE HIGH COURT OF PUNJAB AND HARYANA (118) Rajbeer Kaur State of Punjab CORAM: Present: KULDEEP TIWARI 1. Constitution of India, a prayer is made for issuance of directions to the Medical Superintendent of the Govt. Hospital, to conduct the medical examination by Board, to ascertain the present s and on the basis of the report of the medical report, to allow the petitioner to further undergo without the consent of 2. hereinafter extracted order, upon the instant writ petition : -2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rajbeer Kaur Versus Punjab and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. P.P.S. Duggall, Advocate for the petitioner. Mr. Pardeep Bajaj, DAG, Punjab. Mr. Parminder Singh Kanwar, Advocate and Mr. Karanvir Singh, Advocate for respondent No.2. **** KULDEEP TIWARI, J.(ORAL) Through the instant petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of directions to the Medical Superintendent of the Govt. Hospital, to conduct the medical examination by Board, to ascertain the present s on the basis of the report of the medical report, to allow the petitioner to undergo medical treatment, regarding termination of pregnancy without the consent of her husband. This Court, vide order dated hereinafter extracted order, upon the instant writ petition : “The petitioner, who is mother of two children and now having matrimonial discord with her husband No.2, approached this court by way of this petition, for IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7183-2025 Date of Decision : 24.03.2025 …Petitioner Versus ...Respondents KULDEEP TIWARI Pardeep Bajaj, DAG, Punjab. Mr. Parminder Singh Kanwar, Advocate and Advocate for respondent No.2. Through the instant petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of directions to the Medical Superintendent of the Govt. Hospital, to conduct the medical examination by Board, to ascertain the present status of the fetus/pregnancy, on the basis of the report of the medical report, to allow the petitioner to medical treatment, regarding termination of pregnancy Court, vide order dated 12.03.2025, had passed the hereinafter extracted order, upon the instant writ petition :- The petitioner, who is mother of two children and now having matrimonial discord with her husband-respondent No.2, approached this court by way of this petition, for Through the instant petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of directions to the Medical Superintendent of the Govt. Hospital, to conduct the medical tatus of the fetus/pregnancy, on the basis of the report of the medical report, to allow the petitioner to medical treatment, regarding termination of pregnancy, 12.03.2025, had passed the The petitioner, who is mother of two children and now respondent No.2, approached this court by way of this petition, for MANPREET SINGH 2025.03.28 18:18 I attest to the accuracy and authenticity of this order/judgment CWP-7183- 3. 24.03.2025, by way of affidavit of Dr. Arvind Kumar, Senior Medical Officer, Civil Hospital, Gurdaspur, District Gurdaspur, Punjab, has been filed by the learned State counsel, today in the Court. The same is taken on the record. Copy whereof 4. informs this Court, that during the interregnum period, -2025 seeking permission to abort fetus of the age of about 10 weeks, without the consent of her husband. At this stage, without going into the merits of the instant case, considering the sensitivity of the matter, this court directs the petitioner to cause ap Hospital, Gurdaspur on 17.03.2025 by 11.00am. In case, the petitioner causes appearance before the CMO, Civil Hospital, Gurdaspur, the latter shall examine the petitioner by constituting Board of Doctors, as per the provisions of the Medical Termination of Pregnancy Act, 1971. Thereafter, the CMO, Civil Hospital, Gurdaspur shall inform this court about the age of the fetus, and the medical status of the petitioner, and further to give opinion as to whether, is it safe for procedure for terminating pregnancy. In case, the petitioner requires any medical treatment, the same shall also be given to her at the earliest. Adjourned to 19.03.2025. Learned State counsel is directed to inform the CMO, Civil Hospital, Gurdaspur with regard to the order passed by this court. Copy of this order be given to the counsel for the petitioner as well as to the respondents under the signatures of the Court Secretary.” In deference to the directions (supra), 24.03.2025, by way of affidavit of Dr. Arvind Kumar, Senior Medical Officer, Civil Hospital, Gurdaspur, District Gurdaspur, Punjab, has been filed by the learned State counsel, today in the Court. The same is taken on the record. Copy whereof, has been supplied to learned counsel for the petitioner. Learned counsel for the petitioner, at the very outset, fairly informs this Court, that during the interregnum period, seeking permission to abort fetus of the age of about 10 weeks, without the consent of her husband. At this stage, without going into the merits of the instant case, considering the sensitivity of the matter, this court directs the petitioner to cause appearance before the CMO, Civil Hospital, Gurdaspur on 17.03.2025 by 11.00am. In case, the petitioner causes appearance before the CMO, Civil Hospital, Gurdaspur, the latter shall examine the petitioner by constituting Board of Doctors, as per the ns of the Medical Termination of Pregnancy Act, Thereafter, the CMO, Civil Hospital, Gurdaspur shall inform this court about the age of the fetus, and the medical status of the petitioner, and further to give opinion as to whether, is it safe for the petitioner to undergo procedure for terminating pregnancy. In case, the petitioner requires any medical treatment, the same shall also be given to her at the earliest. Adjourned to 19.03.2025. Learned State counsel is directed to inform the CMO, Civil Hospital, Gurdaspur with regard to the order passed by Copy of this order be given to the counsel for the petitioner as well as to the respondents under the signatures of the In deference to the directions (supra), status report dated 24.03.2025, by way of affidavit of Dr. Arvind Kumar, Senior Medical Officer, Civil Hospital, Gurdaspur, District Gurdaspur, Punjab, has been filed by the learned State counsel, today in the Court. The same is taken on the record. , has been supplied to learned counsel for the petitioner. Learned counsel for the petitioner, at the very outset, fairly informs this Court, that during the interregnum period, unfortunately, seeking permission to abort fetus of the age of about 10 weeks, without the consent of her husband. At this stage, without going into the merits of the instant case, considering the sensitivity of the matter, this court directs pearance before the CMO, Civil Hospital, Gurdaspur on 17.03.2025 by 11.00am. In case, the petitioner causes appearance before the CMO, Civil Hospital, Gurdaspur, the latter shall examine the petitioner by constituting Board of Doctors, as per the ns of the Medical Termination of Pregnancy Act, Thereafter, the CMO, Civil Hospital, Gurdaspur shall inform this court about the age of the fetus, and the medical status of the petitioner, and further to give opinion the petitioner to undergo procedure for terminating pregnancy. In case, the petitioner requires any medical treatment, the same shall Learned State counsel is directed to inform the CMO, Civil Hospital, Gurdaspur with regard to the order passed by Copy of this order be given to the counsel for the petitioner as well as to the respondents under the signatures of the report dated 24.03.2025, by way of affidavit of Dr. Arvind Kumar, Senior Medical Officer, Civil Hospital, Gurdaspur, District Gurdaspur, Punjab, has been filed by the learned State counsel, today in the Court. The same is taken on the record. Learned counsel for the petitioner, at the very outset, fairly unfortunately, MANPREET SINGH 2025.03.28 18:18 I attest to the accuracy and authenticity of this order/judgment CWP-7183- miscarriage of the the instant writ petition has been rendered infructuous. 5. been rendered infructuous. March 24, 2025 Manpreet -2025 miscarriage of the pregnancy has happened, and therefore, the instant writ petition has been rendered infructuous. Consequently, the instant writ petition is been rendered infructuous. 2025 Whether speaking/reasoned Whether reportable has happened, and therefore, the prayer made in the instant writ petition has been rendered infructuous. Consequently, the instant writ petition is dismissed as having (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No the prayer made in dismissed as having MANPREET SINGH 2025.03.28 18:18 I attest to the accuracy and authenticity of this order/judgment