Mumbai: 

Pregnant pause: Harshad and Niketa Mehta wait outside the high court yesterday, with Dr Nikhil Datar (left) their gynaecologist,  Niketa is 25 weeks pregnant and wants an MTP, as the foetus has heart defects

Even as India and the Mehtas await the Bombay High Court's verdict in the landmark case of whether abortion is allowed if the foetus is over 20 weeks old, another couple is as anxious. Niketa and Haresh Mehta's unborn child (25 weeks old) has serious heart defects, but, according to the 1971 Medical Termination of Pregnancy Act, the couple can only undergo an abortion if the mother's life is in danger and not the child's.

Now, in another case, said Dr Nikhil Datar, the couple's gynaecologist, a woman (who wants to remain anonymous), is 28 weeks pregnant. "She found out in her 28th week that the baby had gross abnormalities." 

"In fact, the doctor she was going to earlier called me on Thursday and said the defects were visible in a simple sonography," said Dr Datar. He added that he has asked the couple to await the court's verdict in the Mehta case. "Her baby will be handicapped and so the verdict is important for her," said Dr Datar.

As the verdict was not out before the court closed for the weekend, Dr Datar said, "I have strongly cautioned them not resort to any illegal means. The decision is now in their hands," added Datar.

Meanwhile, the verdict on the Mehta case has been postponed, as the judge found the report from JJ Hospital to be "half-hearted". "We find contradictions in the report where a part states that there is not enough medical substance to justify a termination and in other parts, states that there is a fair chance that the child, if born, will be too incapacitated and handicapped to survive," said Justice P B Majmudar. An additional report would be presented on Monday with a clear opinion in support or against termination.