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Kamalavalli Vs. C.R. Nair and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Reported in(1984)1MLJ199
AppellantKamalavalli
RespondentC.R. Nair and ors.
Excerpt:
- .....qualified gynaecologists examine her and find that the pregnancy can be terminated without detriment to the petitioner's life and safety. subject to the above condition, we direct the petitioner to be transferred to the government maternity hospital, egmore, madras, for undergoing termination of pregnancy. after undergoing the requisite treatment at the hospital, the petitioner will be transferred back to the custody of abhaya nilayam, mylapore, madras. the superintendent of abhaya nilayam will inform thiru raja, secretary, ' madras district legal aid and advice board, madras about the date of return of the petitioner-detenu to abhaya nilayam. on receipt of such information, the petition is ordered to be posted before us in a week therefrom. on that date, we will pass further orders.....
Judgment:

Natarajan, J.

1. On going through the affidavit filed by the petitioner-detenu and after hearing her and her counsel, we are satisfied that the petitioner has been impregnated against her will and that unless the pregnancy is terminated the petitioner will surfer traumatic and psychological shock, Hence we grant permission to the petitioner to terminate her pregnancy This is subject to the condition that qualified gynaecologists examine her and find that the pregnancy can be terminated without detriment to the petitioner's life and safety. Subject to the above condition, we direct the petitioner to be transferred to the Government Maternity Hospital, Egmore, Madras, for undergoing termination of pregnancy. After undergoing the requisite treatment at the hospital, the petitioner will be transferred back to the custody of Abhaya Nilayam, Mylapore, Madras. The Superintendent of Abhaya Nilayam will inform Thiru Raja, Secretary, ' Madras District Legal Aid and Advice Board, Madras about the date of return of the petitioner-detenu to Abhaya Nilayam. On receipt of such information, the petition is ordered to be posted before us in a week therefrom. On that date, we will pass further orders regarding the future custody of the detenu. The detenu's husband is also present in Court and he states that he will make the necessary arrangements for the future custody of the detenue.


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