X Since Minor Thr. Mother v. Central Hospital Ulhasnagar And ANR
NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2026.02.25 17:17:24 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2059 OF 2026 X Since, Minor (Aged:16 Years) Through the natural Guardian:Mother
...Petitioner
Versus
Central Hospital Ulhasnagar and Anr.
...Respondents
Ms. Saloni Ghule for the Petitioner (through video-conferencing). Ms. M. P. Thakur, A.G.P for the Respondents- State. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.
DATE : 24th FEBRUARY 2026 P.C. :
1.
By our order dated 17th February 2026, pursuant to the examination of 'X' who had approached this Court through her mother seeking termination of pregnancy, we permitted the procedure to be carried out in the Civil Hospital at Thane as the girl had expressed that she is not desirous of continuing the pregnancy. In the light of the report that was placed before us and the autonomy exercised by the minor girl, being unmarried with the 1/4
assistance of her mother and the counsel who was duly representing her, we permitted the procedure to be carried out and we made the petition absolute in terms of its prayer clauses. 2.
Ms. Thakur, learned A.G.P. informed us that 'X' did not report to the hospital and this is what is conveyed to her by the Civil Surgeon, Civil Hospital, Thane, by communication dated 21st February 2026. The said communication is taken on record. 3.
A perusal of the communication dated 21st February 2026 disclose thus:- "As the medical termination of pregnancy was to be conducted pursuant to a specific timeline and directions of this Hon'ble Court, and since the patient did not present herself at the hospital, we were unable to proceed with the directive. Despite telephonic communication by the hospital authorities to the petitioner's family, the elder sister of the minor informed the hospital that they are not willing to undergo the Medical Termination of Pregnancy at this stage and intend to continue with the pregnancy for full term.
In light of the above, the hospital is uncertain about the current status of the case. We request the Hon'ble Court to guide us with further directions in this matter so that we may act accordingly." 2/4
4.
Pursuant to this letter being received, Ms.Thakur mentioned the matter before us and though we had disposed of the writ petition, we directed it's listing today. 5.
Ms. Ghule who represented the petitioner is also not sure about the decision that is taken by the minor and her mother and she submits that when she last spoke to them, they had some apprehensions about the health hazards faced by the minor. In any case, since the girl did not report for carrying out the process as we had already noted that the pregnancy was 32 weeks by relying upon the medical report as well as the decision of the Apex Court in A (Mother of X) v/s State of Maharashtra and Others (Civil Appeal No.827 of 2026), giving priority to the autonomy and the decision taken by the minor girl along with the assistance of her mother, she being unmarried and the pregnancy being unwarranted, we had permitted the termination of pregnancy. However as on date, since we are informed that the minor girl did not report to the hospital and the procedure could not be carried out, by taking the 3/4
communication on record, we indicate that though we had made the petition absolute, in the wake of the changed circumstances, the petition stands disposed of as despite our directions and permission to terminate the pregnancy on its crossing 24 weeks, the girl has opted to continue with the pregnancy and to give birth to the child. Writ Petition stands disposed of.
All concerned to act on the authenticated copy of this order.
MANJUSHA DESHPANDE, J.
BHARATI DANGRE, J.
4/4