Xyz Through Her Natural Guardian Mother Jalagaon v. The Union Of India And Others

2026:BHC-AUG:2938-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 784 OF 2026 Xyz Through Her Natural Guardian Mother Jalagaon

VERSUS

The Union Of India And Others Ms. T. V. Jadhav, Advocate for petitioner Mr. Rohit Sarvadnya, Advocate for respondent No. 1 Mr. S. B. Narwade, AGP for respondent-State

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 23rd January, 2026 ORDER (PER : Hiten S. Venegavkar, J.) :- 1.

Present petition is filed by a natural guardian of the petitioner seeking permission of this Court to permit the minor petitioner who has been victim of an offence to terminate her 24 weeks and 8 days of her pregnancy at the Government Medical Hospital, Jalgaon. 2.

It is stated that the petitioner who was subjected to rape made a complaint to her mother about stomach ache and vomiting. Therefore, her mother took her to local physician where initially the physician opined that she is suffering from Typhoid and therefore, medication was started. However, the petitioner stomach ache persisted and due to that the mother of the petitioner started getting worried. The petitioner thereafter, complained to the mother that the accused person who was residing in her neighborhood has committed rape on her and

had threatened to kill the entire family, if she reveal about the incident to anyone. The mother of the petitioner therefore, registered F.I.R. for the offences punishable under Sections 64(2)(i), 64(2)(m), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012, with Bhadgawn Police Station, Jalgaon on 14.01.2026.

3.

The petitioner was then taken for Sonography which was conducted at Government Medical College, Jalgaon and the petitioner was found to be pregnant of gestational period of 24 weeks and 3 days. The petitioner being minor aged 13 years, therefore, have approached this Court to terminate the said pregnancy.

4.

We have perused the documents annexed to the present petition including the medical papers and by an order dated 20.01.2026, directed Dean of Government Medical College, Jalgaon to constitute Medical Board and examine the petitioner and further submit a report whether it will be medically appropriate to terminate the pregnancy of the petitioner at this stage. Today, the report has been submitted by the Dean stating that termination of pregnancy may require surgical intervention if medical method of termination fails. There may be need of blood and blood products transfusion, and may need I.C.U. Admission. With the aforesaid instructions, the permission for termination of pregnancy is opined by the Medical Board.

5.

Taking into consideration the report of the Medical Board and coupled with the facts that the petitioner is a minor aged only of 13 years and also a victim of rape, we, in our considered opinion, cannot be asked to burden the petitioner with the motherhood at such a tender case.

6.

In the light of the above, writ petition stands allowed.

ORDER

I) Petitioner is permitted to terminate her pregnancy at Government Medical College, Jalgaon under the proper medical supervision on or before 28.01.2026.

II) As the criminal case registered by the petitioner is pending trial, we direct the medical officers to preserve the evidence for subsequent DNA Test Report by drawing tissues from the foetus in order to use it as a piece of evidence in the ensuing trial to be prosecuted by the petitioner. It is needless to observe that in the event tissues are drawn for the purpose of DNA test the same shall be handed over to the investigating agency by the concerned hospital.

III) Parties to act upon an authenticated copy of this order. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi