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Karnataka High Court
Smt Kavita W/O Ramappa Hadimani vs The State Of Karnataka on 9 January, 2026
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NC: 2026:KHC-D:218
WP No. 100105 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO. 100105 OF 2026 (GM-RES)
BETWEEN:
SMT. KAVITA W/O RAMAPPA HADIMANI
AGE. 36 YEARS, OCC. HOUSEHOLD,
R/O NO.1517, AMBEKDAR NAGAR,
KONNUR VILLAGE, TQ. GOKAK,
DIST. BELAGAVI-591231.
...PETITIONER
(BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR PETITIONER)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPT. OF HEALTH AND FAMILY WELFARE,
M.S. BUILDING, BANGALORE-01.
2. THE DISTRICT SURGEON,
BELAGAVI INSTITUTE OF MEDICAL SCIENCES HOSPITAL,
DR. B.R. AMBEDKAR ROAD, BELAGAVI-590001.
3. THE CHILD WELFARE COMMITTEE,
3RD CROSS, SHIVAJI NAGAR, BELAGAVI,
MOHANKUMAR DIST. BELAGAVI-590019.
B SHELAR
...RESPONDENTS
Digitally signed by
MOHANKUMAR B SHELAR
Location: High Court of
Karnataka, Dharwad Bench
(BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENTS)
Date: 2026.01.09 14:54:26
+0530
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE
NATURE OF MANDAMUS PERMITTING THE PETITIONER TO TERMINATE
ONGOING PREGNANCY OF HER MINOR DAUGHTER THROUGH
RESPONDENT NO.2 OR BY A REGISTERED MEDICAL PRACTITIONER
ANY APPROVED PRIVATE OR GOVERNMENT CENTER OR HOSPITAL IN
THE INTEREST OF JUSTICE AND EQUITY & ETC.
THIS WP COMING ON FOR PRELIMINARY HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO
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WP No. 100105 of 2026
HC-KAR
ORAL ORDER
1. Heard the learned counsel for the petitioner and the
learned AGA for the respondents.
2. The prayer sought in the writ petition is to issue writ
in the nature of mandamus permitting the petitioner to terminate
the ongoing pregnancy of her daughter through respondent No.2
or by a registered medical practitioner any approved private or
government center or hospital, as deems fit in the circumstances
of the case.
3. The petitioner's daughter aged about 18 years was
taken to the hospital complaining about an irregular menstrual
cycle. The petitioner came to know that the victim is pregnant
with 26 weeks 1 day gestation. The petitioner's daughter is a
victim of sexual abuse which constitutes a grave felony. The
pregnancy is the direct result of such violation of her
fundamental rights. Continuation of said pregnancy would further
infringe upon the fundamental rights of the victim. Therefore, it
is just, necessary, and in the interest of justice that the
pregnancy be terminated. Although the pregnancy has advanced
beyond 25 weeks, it is appropriate to direct the medical officers
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HC-KAR
to undertake termination of pregnancy. The petitioner has filed a
complaint before the Gokak Rural Police Station in Gokak Rural
P.S. Crime No.267/2025 against the accused for the offences
punishable under Sections 64(2)(m) & 351(2) of BNS 2023 and
under Sections 4 & 6 of the POCSO Act, 2012.
4. Learned counsel for the petitioner contends that the
victim is entitled for termination of pregnancy. He submits that
continuation of such unwanted pregnancy would violate the
fundamental right of the victim. He also contends that the
pregnancy being more than 25 weeks, it is just and necessary to
terminate the pregnancy.
5. In support of his contention, learned counsel relied
on the judgment of the Co-ordinate Bench of this Court in the
case of Renuka v.The State of Karnataka by order dated
30.09.2024 passed in WP No.105785/2024(GM-RES).
6. The learned counsel, in support of his arguments,
placed reliance on the order passed by the Co-ordinate Bench of
this Court in the case of Renuka (supra), wherein, under similar
facts and circumstances, and pursuant to the submission of the
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HC-KAR
learned AGA that necessary steps would be taken to constitute a
committee to examine the petitioner's daughter, an order was
passed after considering the medical report. In the said case, the
victim was aged 18 years and was pregnant with a gestational
age of 26 weeks and 1 day. Taking note of the aforesaid order
passed by the Co-ordinate Bench of this Court in W.P. No.
105785/2024, disposed of on 30.09.2024, the petition was
allowed and appropriate directions were issued.
7. Having taken the aforementioned facts into
consideration, and also having noted the order passed by the Co-
ordinate Bench of this Court in the above-mentioned writ
petition, it is appropriate to allow the present petition and issue
directions to the respondents. In doing so, due regard is being
given to the interests of the victim, who is approximately 18
years of age, as well as to her health. Considering all these
factors, this Court proceeds to pass the following directions:
ORDER
i. The Writ Petition is allowed and disposed off in
terms of the opinion of the committee referred to
supra as per Annexure-D.
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HC-KAR
ii. The respondents are directed to constitute a
Committee forthwith and take decision since the
victim is pregnant with 26 weeks and 1 day of
gestation.
iii. Respondent No.2 is directed to forthwith ensure
medical termination of pregnancy of petitioner
daughter (victim girl) in accordance with the
provisions of the Medical Termination of Pregnancy
Act, 1971.
iv. It is further directed that upon termination of the
pregnancy the respondent No.2 shall ensure that
the foetus/abortus is preserved for DNA test if
terminated.
v. The learned counsel for the petitioner is directed to
furnish the copy of this order to the respondents
forthwith.
Sd/-
(DR.K.MANMADHA RAO)
JUDGE
KGK, CT:VP
LIST NO.: 38 SL NO.: 4
