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Bombay High CourtWP/15254/2025allowed

Xyz v. State Of Maharashtra Thru. Secretary And ANR

2025-11-11Hon'Ble Shri Justice Sandesh Dadasaheb Patil , Hon'Ble Justice Revati Mohite Dere2 pages

502-WP.15254.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15254 OF 2025 XYZ } Petitioner versus State of Maharashtra & Anr.

} Respondents Ms. Krupali H. Rajani with Ms. Aafreen Sheikh, Ms.Khoshi Bangia, Ms. Esha Pachare and Ms. Sarika Agarwal, Advocates for the Petitioner.

Ms. M. P. Thakur, AGP for Respondent No. 1.

Mr. Tejesh Dande, Advocate for Respondent No. 1.

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

11th NOVEMBER 2025 P.C.:

On the oral request of the learned counsel for the petitioner, the name and description of the respondent no. 2 are permitted to be amended in course of the day with red ink. 2.

The petitioner states that she is a citizen of India born on 30th June 2006 and permanently residing in a private colony at Navi Mumbai. The petitioner states that her pregnancy matured to 25 weeks and 3 days as on 10th November 2025. The learned counsel for the petitioner refers to the provisions under the Medical Termination of Pregnancy Act, 1971 and the amendment made thereto and some observations of the Federation and Obstetric and Gynecological Societies of India (FOGSI) and submits that there is no higher risk to the mother even if the pregnancy is up to such stage.

502-WP.15254.2025.doc 3.

Subject to a final decision in this writ petition, let a Medical Committee for examination of the petitioner be constituted at Vitthal Sayanna Civil Hospital, Thane. The petitioner shall make herself available for such examination on 12th November 2025. 4.

Post this matter on 14th November 2025 at 3:00 p.m. JAYANT VISHWANATH SALUNKE 5.

In the meantime, a short reply may be filed by the JAYANT VISHWANATH SALUNKE Date: 2025.11.11 16:06:33 +0530 respondent-State of Maharashtra.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]