← Library
Bombay High CourtWP/4084/2025allowed

Xyz, Minor, Thr. Her Natural Guardian And Mother, Sujata Ratnabar Chavan v. State Of Maharashtra, Thr. Principal Secretary, Dept. Of Health And Family Welfare, Mumbai And ORS.

2025-08-01Hon'Ble Shri Justice Anil S. Kilor,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2025:BHC-NAG:7466-DB 1 992.wp.4084.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4084/2025 XYZ Vs. The State of Maharashtra and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. Aditya Chaudhari, Advocate for Petitioner. Mr. D. V. Chauhan, Sr.Advocate/G.P. for Respondent Nos.1 to 4/ State.

CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI,JJ.

DATED : 01/08/2025.

1.

Heard.

2.

The petitioner is a minor and victim of sexual assault. She is carrying pregnancy of 26 weeks 5 days and by this petition, she prays for permission for termination of pregnancy.

3.

In view of the prayer, we issued notice and directed Medical Board to submit the report/opinion. 4.

Today, the learned Senior Counsel and Government Pleader Mr. Chauhan handed over the sealed envelop containing report of the Medical Board which opines that the petitioner can be posted for medical termination of pregnancy/procedure with due risk with her consent.

5.

In the circumstances and considering the fact that the petitioner is a victim of sexual assault and the Medical Board has opined in favour of the petitioner for termination of pregnancy at the risk of the petitioner, we pass the following order :

i] Accordingly, the petition is allowed.

2 992.wp.4084.25 ii] The District Civil Surgeon at District Hospital, Amravati is directed for termination of pregnancy of the petitioner after taking risk undertaking and assent of the of the patient which shall be the part of Medical Report of the petitioner.

6.

Authenticated copy of this order to be provided to the leaned counsel for the parties to act upon. (MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) RGurnule.