Kamalavalli vs C.R. Nair and Others

Natarajan, J.—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.