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2025 DAILYLAW 47460 (BOM)

XYZ, THROUGH LEGAL GUARDIAN, MAHENDRA MOHAN DIKWAR v. STATE OF MAHARASHTRA, THR. CHIEF MEDICAL OFFICER/CONCERNED AUTHORITY, GOVT. MEDICAL COLLEGE, NAGPUR

WP/1276/2025 · 2025-03-11

Shri Nitin W Sambre, Vrushali V Joshi

Transfer Petitionbody2025

Judgment text

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1 960.wp.1276.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1276/2025 XYZ Vs. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Abhishek Shukla, Advocate for Petitioner. Mr. D. V. Chauhan, Sr.Advocate/G.P. with Ms K. H. Bhondge, A.G.P. for Respondent/State. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ. DATED : 11/03/2025. Heard. 2. Pursuant to our order dated 07.03.2025 and 10.03.2025, the petitioner victim has undergone the medical evaluation by the Board headed by the Dean of Government Medical College and Hospital, Nagpur. 3. The said Board has given following opinion : “As per the court order, Medial board was conducted and all the undersigned members of the board were present for the meeting. She is found to be 27 weeks of pregnancy today. The Medical board member’s opinion are as follows. 1. As per senior anesthetist opinion Miss XYZ is fit for anesthesia. 2. As per senior physician opinion, cardiorespiratory status of Miss XYZ is stable. 3. As per senior sonologist, ultrasonographically confirmed gestational age of fetus is 26 weeks 3 days. 4. As per Senior psychiatrist opinion, Miss XYZ 2025:BHC-NAG:2473-DB 2 960.wp.1276.25 is mentally fit. The opinion of her fitness is taken from physician, psychiatrist and anesthetist & sonologist and is found to be fit for MTP. The opinion of Medical Board is as follows: . Patient is pregnant with single live intrauterine pregnancy of 27 weeks. . The patient is mentally and physically fit to undergo medical termination of pregnancy.” 4. In view of the aforesaid opinion tendered by the Experts Committee, we deem it appropriate to permit the respondent to proceed ahead with the request of the petitioner for carrying out medical termination of pregnancy in the light of the policy reflected in the Government Resolution dated 03.06.2024, so also the provisions of the Medical Termination of Pregnancy Act, 1971. 5. The petition as such stands disposed of. 6. We accept the statement that the victim is still in the hospital. (MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule