Vivek Rusia, J.:— The petitioner Nos. 1 and 2 are wife and husband, they have filed the present petition seeking termination of pregnancy of petitioner No. 1.
2. At the time of filing of the petition, she is carrying pregnancy of 30 weeks and 6 days. According to the utrasonography report, child in womb is abnormal whose fetal head and brain parenchyma has not be well developed, therefore, they have decided to terminate the pregnancy. Since the period of pregnancy has crossed the limit of 24 weeks, therefore, treating Surgeon has declined to terminate the pregnancy, hence, petitioners are before this Court.
3. Vide order dated 26/03/2021, this Court directed the petitioner No. 1 to appear before the Medical Superintendent, M.Y. Hospital, Indore on 30/03/2021 to undergo fitness examination for termination of pregnancy.
4. A team of qualified Doctors have examined the condition of petitioner No. 1, according to their unanimous opinion, the termination is not advisable, as she is carrying 33 weeks and 5 days pregnancy as on 31/03/2021, which is a near term pregnancy with baby weight about 1.8 kgs. Sacrococcygeal teratoma can be managed surgically.
5. Report is re-produced as under:—
THE HIGH COURT OF MADHYA PRADESH:
BENCH AT INDORE
MANISHA W/O MANISH KUMAR MALVIYA AND ANOTHER VS. PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, BHOPAL AND ANOTHER
“We, the board members, have carefully examined Mrs. Manish Hariyale and found that she is 33 weeks and 5 days pregnancy today on 31/03/2021, which is a near term pregnancy with baby weight about 1.8 Kgs. Sacrococcygeal teratoma can be managed surgically. Apart from that the child if born at term has fair chances of survival. It would be better if pregnancy is continued till term. After delivery the baby can be managed in pediatric surgery department.”
6. Since the team of qualified Doctors have examined the petitioner No. 1 and they did not advise for termination of pregnancy, therefore, at this stage no direction be given.
7. In view of above, the learned counsel for the petitioners prays for withdrawal of this writ petition.
8. Prayer is accepted.
9. Petition stands dismissed as withdrawn.