The Bombay High Court today upheld the order of a magistrate's court rejecting the plea seeking documents regarding the sex determination test allegedly undergone by actor Shahrukh Khan's wife prior to the birth of the couple's third child.
Justice Reveti Mohite-Dhere, in her judgement on the petition filed by activist Varsha Deshpande, rejected the demand.
Deshpande has filed a complaint before the magistrate's court here, seeking action against Shahrukh and his wife Gauri, alleging Gauri underwent sex determination test before the birth of their son AbRam through a surrogate mother.
The complaint was based on a newspaper article alleging that the couple wanted to determine the sex of their child.
She demanded documents about the tests, if any, from the Municipal Corporation of Greater Mumbai, which is the authority under the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act.
Advocate Uday Warunjikar, her lawyer, said she wanted these documents for pursuing her complaint. As the magistrate rejected her plea last year, she moved the High Court.
Shahrukh's lawyer Pranav Badheka told the court that no sex determination test was ever conducted. Badheka also argued that Deshpande had no right to seek the documents.
The MCGM told the HC that it conducted an inquiry and found that the allegation against the Khan couple was baseless.
The HC today upheld the lower court's order. The proceedings on Deshpande's complaint before the magistrate's court, however, would continue.