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X vs. Union of India & Anr. (SC)

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Medical Termination of Pregnancy Act, 1971–Sec. 3–Termination of pregnancy was allowed on the ground that continuing with the pregnancy could seriously imperil the mental health of the petitioner–Thereafter, the application for recall the order was filed with the contention that fetus has a strong chance of survival–Once a judgment or order attains finality, a party seeking to challenge the decision rendered may do so only by taking the proper recourse–Though there was no intention to abuse the process of the law, however, the appropriate procedure which ought to have followed would be to file a review petition accompanied by an application for urgent listing–The Length of the pregnancy has crossed twenty-four weeks and it is approximately twenty-six weeks and five days–It cannot be allowed to be terminated–Application for recall the order is allowed.