Xyz Throu.Her Guardian Nasima Abdul ... vs The State Of Maharashtra Thoru. The Govt ...
2026 Latest Caselaw 5087 Bom

Bombay High Court

Xyz Throu.Her Guardian Nasima Abdul ... vs The State Of Maharashtra Thoru. The Govt ... on 14 May, 2026

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          signed by                                                            2-WP-6587-2026.doc
          RUPALI
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.05.14
          15:13:19        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          +0530

                                         CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 6587 OF 2026


                  XYZ Through Her Guardian
                  Nasima Abdul Kalam Anasari                                  ...Petitioner
                       Versus
                  The State of Maharashtra Through
                  The Govt.Pleader & Ors.                                     ...Respondents


                  Ms. Pranali Kakade for the Petitioner.

                  Smt. Pooja Patil, A.G.P for the Respondent-State.


                                             CORAM : ADVAIT M. SETHNA &
                                                     SANDESH D. PATIL, JJ.

DATE : 14th MAY, 2026 (VACATION COURT)

P.C. :

1. This petition is moved for urgent circulation. The urgency

being that the victim is 17 years 1 month 24 days who is a survivor of

the penetrative sexual assault and is presently admitted as a indoor

patient in Cama and Albless Hospital, Mumbai. She is represented by

her guardian i.e. the Petitioner. The matter falls within Rule 3B(a) and

2-WP-6587-2026.doc

Rule 3B(b) of the Medical Termination of Pregnancy Rules, 2003 and

under Section 3(2) of the Medical Termination of Pregnancy Act. It is

stated that the sonography was conducted on 5 th May, 2026 on the

victim which has recorded "intracardiac echogenic focus in the left

ventricle" of the foetus, warranting immediate Medical Board

intervention.

2. Considering the above and the reliefs prayed for in the

petition filed under Article 226 of the Constitution of India, we direct

the Dean of Sir J.J.Group of Hospitals, Mumbai, to constitute a

Medical Board in terms of Section 3 of the Medical Termination of

Pregnancy Act, 1971 read with the Medical Termination of Pregnancy

(Amendment) Act, 2021 for medical examination of the victim.

3. The Medical Board shall be constituted by 15th May, 2026.

4. The victim alongwith the Petitioner shall appear before

such Medical Board at 10.00 a.m. on the said date i.e. 15 th May, 2026

for appropriate medical examination.

5. Ms. Kakade, learned Counsel for the Petitioner states that

she would amend the petition and implead the Dean of Sir J.J.Group

2-WP-6587-2026.doc

of Hospitals, Mumbai as Respondent No.4 in the array of the parties.

Such amendment be carried out forthwith. Re-verification is

dispensed with.

6. The Medical Board, so constituted, shall medically

examine the victim and after such examination on 15 th May, 2026 and

submit its report on 18th May, 2026 by 11.00 a.m. considering the

urgency in the matter.

7. Learned A.G.P to forthwith communicate the said order to

the Dean, Sir J.J. Group of Hospitals so as to enable them to comply

with the order being passed today.

8. Stand over to 18th May, 2026.

9. All concerned to act upon an authenticated copy of this

order.

            SANDESH D. PATIL, J.                           ADVAIT M. SETHNA, J.