[Cites 3, Cited by 0]
Bombay High Court
X. Y. Z. vs Maasaheb Meentai Thakre Hospital Nerul ... on 18 March, 2026
Author: Bharati Dangre
Bench: Bharati Dangre
1/4 908 WP.3611.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3611 OF 2026
X. Y. Z. .. Petitioner
Versus
Maasaheb Meentai Thakre
Hospital Nerul & Ors. .. Respondents
...
Mr. Sarvesh S. Deshpande a/w Mr. Tejesh Dande, Mr. Bharat
Gadhvi, Mr. Prathamesh Deshpande and Mr. Pratik Sabrad, for
the Petitioner.
Ms Anjali Neel Helekar, for Respondent No. 2.
Ms M. P. Thakur, AGP, for the Respondent- State.
...
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 18th MARCH, 2026
P.C:-
1. At the outset, the learned counsel for the Petitioner seek
leave to amend the title cause of the Writ Petition to include
the State of Maharashtra, through the Principal Secretary of
the Public Health Department. In addition, he is also desirous
of amending the description of the Petitioner, she being a
minor, and hence to be represented by her father, as he has
affirmed the Petition.
We permit the necessary amendment to be carried out
forthwith.
Re-verification is dispensed with.
2. The minor girl XYZ, aged 14 years 9 month, through her
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father has approached this Court, seeking permission to
terminate her pregnancy of 25 weeks and 7 days (26 weeks),
pursuant to the medical examination undergone by her in
Respondent No. 1-Hospital.
The Petition proceed to state that the minor girl was
residing with her parents and assist her parents in delivering
clothes to the customers after ironing them. According to the
Petitioner-father, when they visited the native place, one of the
relatives noted that her belly was protruding and requested
her mother to visit a hospital and to get a medical checkup
done. It is for the first time on 13.03.2026, it was revealed
that she was carrying a pregnancy of 25 weeks and 3 days.
The minor girl though missed her menses, did not
disclose this to her parents, and it is only when the pregnancy
was disclosed, she narrated as to how the accused had
sexually assaulted her and threatened her not to disclose the
incident to anyone, or else she and her parents will face
danger to their lives.
Based upon the said complaint, an offence was registered
under the relevant provisions of Bhartiya Nyaya Sanhita,
2023 and Sections 4, 6 and 8 of the Protection of Children
from Sexual Offence (POCSO) Act, 2012 with C.B.D. Belapur
Police Station on 12.03.2026.
3. The Petition proceed to state that the minor girl belong to
a lower income group family and is not affluent and mature. In
the background facts, it is pleaded that the pregnancy will
cause her unnecessary harassment and will also cast a social
stigma, as she is unmarried, and even if the baby is born alive,
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she may not be able to care for the child and would be required
to give the child born to adoption agencies.
4. It is in these circumstances, claiming the autonomy of
reproductive rights and a choice, which is recognized time and
again, whether to give birth to a child and the the right to
access safe and legal abortions, coupled with the right to
reproductive healthcare, a relief is sought to produce the
report as to whether the termination of pregnancy is possible,
and upon such report of the expert committee being obtained,
XYZ may be permitted to terminate the forced pregnancy, as
she is a minor and she do not desire to give birth to a child.
5. The minor girl is examined in the Navi Mumbai
Municipal Corporation Hospital, but since we are informed by
learned AGP, Mrs. Thakur, that the facility of Board to assist
whether the pregnancy can be permitted to be terminated is
not available in that Hospital and, therefore, we deem it
appropriate to direct the minor girl to be referred to Civil
Hospital, Thane.
6. Upon the Petitioner with the minor girl reporting to the
Civil Hospital, Thane, she shall be examined by the Committee
constituted for termination of pregnancy, which definitely
shall include the medical experts in terms of the directions of
the Apex Court.
7. It is suggested by the learned AGP that if the minor girl
visits the Civil Hospital, Thane, today in the afternoon, her
medical examination shall be carried out today itself, or else, if
for some reason it is not possible, the examination can be
carried on 19.03.2026 or on 20.03.2026.
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8. On examination of XYZ, the report of her medical
examination shall be placed before us on 21.03.2026, as we
would like to conduct the special sitting for this case at 11:00
a.m.
Since the learned counsel for the Petitioner is present
alongwith the Petitioner and the order is passed in presence of
Mrs. Thakur, learned AGP, she shall communicate the order
orally to the Hospital, without waiting for the authenticated
copy of the order being available, so that necessary steps shall
be initiated. Similarly, the Petitioner shall take the girl to the
Hospital, as directed above.
List on 21.03.2026.
The learned AGP shall produce the Report of medical
examination in sealed envelope.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.03.18
13:44:06
+0530
Rushikesh
