Poomani v. The Dean

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Poomani ... Petitioner Vs.

1. The Dean Annal Mahatma Gandhi Medical Government Hospital, Trichy.

2. The Chiarman, Child Welfare Committee, First Floor, No.1, Kalaiarangam New Marriage Hall, Cantonment, Trichy-1.

3. Legal Cum Protection Officer, District Child Protection Unit, First Floor, No.1, Kalaiarangam New Marriage Hall, Cantonment, Trichy-1. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent to take appropriate steps to terminate the pregnancy of petitioner's daughter minor Janusiya, aged 12 years, on the basis of the petitioner's representation dated 08.07.2025.

For Petitioner : Mr.B.Sekar For Respondents : Mr.R.Raghavendran Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 1st respondent to take appropriate steps to terminate the pregnancy of petitioner's daughter minor Janusiya, aged 12 years, on the basis of the petitioner's representation dated 08.07.2025.

2. It is seen that the 12 years old minor is pregnant and the pregnancy has crossed 24 weeks and as on date, it is 26 weeks. If the pregnancy is prior to 24 weeks, termination is permissible as per law. Since it is 26 weeks, the petitioner is seeking the permission of this Court.

3. On oral submissions of the learned Government Advocate appearing for the respondents this Court considered the issue. Further, this Court had a word with the Dean of Medical College, Trichy and the Head of the Department of the Anaesthesia Department, Medical College, Trichy. They submitted that since it is 26 weeks, there may be some risk to the minor mother, however, it may be permitted based on the order of this Court. Further, it is seen that the mother of the minor has given consent.

4. Therefore, this Court is directing the respondents to terminate the pregnancy of the petitioner's minor daughter forthwith. 2/4

5.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg Note: Issue order copy on 10.07.2025.

To:

1. The Dean Annal Mahatma Gandhi Medical Government Hospital, Trichy.

2. The Chiarman Child Welfare Committee, First Floor, No.1, Kalaiarangam New Marriage Hall, Cantonment, Trichy-1.

3. Legal Cum Protection Officer District Child Protection Unit, First Floor, No.1, Kalaiarangam New Marriage Hall, Cantonment, Trichy-1.

3/4

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 10.07.2025 4/4