The Supreme Court on Wednesday gave a split verdict on a plea regarding the termination of a 26-week pregnancy by the government against its previous order allowing termination of the pregnancy. The court on Monday had allowed the woman to continue with the medical termination of the pregnancy after taking note that she was suffering from depression and would not be able to raise a third child either emotionally, financially or mentally.

A bench of Justices Hima Kohli and BV Nagarathna, which had passed the October 9 order said that the Centre's petition will now be placed before Chief Justice of India DY Chandrachud to be marked to an appropriate bench for adjudication. While Justice Kohli was reluctant to permit the 27-year-old to terminate the pregnancy, Justice Nagarathna dismissed the centre’s plea seeking recall of the October 9 order, saying that the order was well considered.

On Wednesday, the court was informed that the doctor attending the woman had objecting to terminating her pregnancy. After receiving the doctor's report, the court objected and questioned as to why the medical report came after the court order in the case was delivered.

"If this email had arrived earlier, we would not have been rushed into ordering an abortion. After receiving the email, my judicial conscience does not permit me to order the termination of the pregnancy outright," Justice Kohli said. Meanwhile, Justice Nagarathna asserted that the woman's wish should be respected. "We should not suppress her choice," Justice Nagarathna said.

While the petitioner reiterated her demand of having an abortion, the two judges hearing this case said that the matter will now be heard before the CJI DY Chandrachud who will constitute a bench of three judges to hear the case and pass an order accordingly.

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