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Bombay High Court
Abc Thr. Father vs State Of Maharashtra Thr. Agp And Ors on 30 March, 2026
Author: Bharati Dangre
Bench: Bharati Dangre
1/3 5 WP-4021-26.odt
Salgaonkar
MANDIRA MILIND
SALGAONKAR
Digitally signed by MANDIRA
MILIND SALGAONKAR
Date: 2026.03.30 17:42:14
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4021 OF 2026
ABC through father .. Petitioner
Versus
State of Maharashtra through AGP & .. Respondents
Ors.
...
Mr.Vivekanand Krishnan for the Petitioner.
Mr.B.V.Samant, Addl.G.P. with Smt.M.P.Thakur, A.G.P. for the
State/ Respondent Nos.1 to 3.
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATE : 30th MARCH, 2026
...
P.C:-
1. In continuation of our previous order, the learned
Government Advocate Mr.Samant has placed before us a
report from the District Civil Hospital, Nashik, after the
Petitioner 'ABC', 15 years old girl, is examined by the Medical
Board constituted for the purpose of termination of pregnancy.
The report is signed by the Head of the various
Departments, in form of a Medical Board, constituted in terms
of the directions of the Hon'ble Apex Court. The report is
taken on record and marked 'X' for identification.
2. On being examined by the team of doctors, which include
Gynecologist as well as Pediatrician, the observation of the
Medical Board in the report is reflected thus :-
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"Termination of Pregnancy after 24 weeks of gestational is not advisable
in best interest of both mother and baby. 2)Induction of Labour at 28
weeks of gestation may fail & result into LSCS (Caesarean Section) 3)
Mother's mental and physical condition in stable at present. 4) 28 weeks
preterm baby has 80% chances of survival. 5)Baby delivered prematurely
may suffer from significant morbidity due to prematurity. 6) Hemoglobin
is 9.1 gm which may endanger her life during induction of labour."
3. Upon being confronted with the aforesaid conclusion, the
learned counsel for the Petitioner would submit that the Board
ought to have considered that the Petitioner is 15 years old
girl, carrying 28 weeks of pregnancy and particularly, when
she does not suffer from any systematic illness, but is
exercising her reproductive autonomy and particularly, when
she is unmarried minor girl, apprehending social stigma in
continuing the pregnancy. He seek directions from the Court to
have the Petitioner examined by the Medical Board from Sir
J.J.Group of Hospitals, as according to the learned counsel, it
is not uncommon to terminate the pregnancy beyond 24 weeks
with the approval of the Court and in many such cases, the
Courts have come to the rescue of such mothers, who do not
want to give birth to the child, on account of several
circumstances beyond their control, as it may have adverse
consequences upon their mental and physical health.
4. We concur with the submission and we must take note of
the fact that in various cases, we have permitted the
pregnancy to be terminated, despite the fact that it has
travelled beyond 24 weeks and though we are not expert in the
field, we must give weightage to the expert opinion, which is
placed before us. In the given circumstances, deem it
appropriate to refer the Petitioner for being examined by the
Medical Board at the Sir J.J.Group of Hospitals, as the
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Petitioner is ready to take risk of travelling from Nashik to
Mumbai and if the Board is of the opinion that the pregnancy
can be terminated, the termination can be carried in the Sir
J.J.Group of Hospitals.
5. The learned counsel for the Petitioner undertakes that
the Petitioner shall report to Sir J.J.Group of Hospitals
tomorrow at 9.30 a.m. for her medical examination and we
direct that the report shall be placed before us day after
tomorrow i.e. on 01/04/2026.
6. If Sir J.J.Group of Hospitals give a positive opinion, we
will consider the said opinion and depending upon the
justification offered in the report, permit the pregnancy to be
terminated. We make it clear that in no case, the action to be
initiated, to cause any mental/physical harm to the girl, who is
minor.
7. Let Mr.Samant communicate this order to the Dean of Sir
J.J.Group of Hospitals, which is expected to constitute the
Medical Board and examine the minor girl tomorrow i.e. on
31/03/2026, when she reports to the Hospital.
Mr.Samant is permitted to have a copy of the report from
District Civil Hospital, so that the same can be placed before
the Medical Board of Sir J.J.Group of Hospitals.
8. Stand over to 01/04/2026. It shall be listed First on
Board.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
