Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 4946 (KAR)

Y SAVITA W/O JANADRDHAN S N v. THE STATE OF KARNATAKA

WP/102058/2025 · 2025-03-26

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5536 WP No. 102058 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102058 OF 2025 (GM-RES) BETWEEN: Y. SAVITA W/O JANADRDHAN S.N., AGE: 42 YEARS, OCC: HOUSE HOLD, R/O: H.NO. I.C.-41, VIDYANAGAR TOWNSHIP, TORANGAL, TQ: SANDUR, DIST: BALLARI-583 104. … PETITIONER (BY SRI.RAGHAVENDRA A. PUROHIT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, M.S. BUILDING, BENGALURU-01. 2. THE DISTRICT SURGEON, DISTRICT HOSPITAL, BALLARI, DIST: BALLARI-583 104. 3. THE CHILD WELFARE COMMITTEE, BALLARI, C/O. CHILDREN’S HOME FOR BOY’S BEHIND NCC GROUND, CANTONMENT, BALLARI, DIST: BALLARI-583 104. … RESPONDENTS (BY SRI.PRAVEEN K. UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5536 WP No. 102058 of 2025 ORAL ORDER Sri.Raghavendra A.Purohit., counsel for the petitioner and Sri.Praveen K.Uppar., AGA for the respondents have appeared in person. 2. Though the matter is listed today for preliminary hearing, with the consent of counsel for the respective parties, it is heard. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The victim’s mother is before this Court contending that her daughter is a victim of sexual abuse. She contends that after the medical examination, she came to know that the victim is pregnant with 26 weeks and one day’s of gestation. Hence, she is seeking to constitute a committee and take decision for termination of the pregnancy. 5. The Obstetric Sonogram Report is furnished along with the Writ Petition and it is dated:21.03.2025. It depicts that the gestational age of 26 weeks and one day (plus) or (minus) - 3 - NC: 2025:KHC-D:5536 WP No. 102058 of 2025 two weeks. Therefore, this Court deems it proper to allow the Writ Petition and direct respondent No.2 to constitute a committee within three days and take a decision, in accordance with the Medical Termination of Pregnancy Act, 1971. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE RH/MRP List No.: 1 Sl No.: 21