Bombay High CourtWP/4021/2026disposed off

Abc Thr. Father v. State Of Maharashtra Thr. Agp And ORS

2026-03-27Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

1/2 904 wp-4021-26.odt Salgaonkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2026.03.27 15:13:32 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4021 OF 2026 ABC through Father ..

Petitioner

Versus

State of Maharashtra through AGP & Ors.

Respondents ...

Mr.Vivekanand Krishnan with Ms.Chaitali Bhogle i/b Mr.Abhijeet Dixit for the Petitioner.

Smt.M.P.Thakur for the State/Respondent Nos.1 to 3. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATE : 27th MARCH, 2026 ...

P.C:- 1.

The minor girl, through her father, has approached this Court seeking termination of the pregnancy, the same being unwanted and forced one. The Petition is accompanied by the copy of the First Information Report lodged against the person, who is responsible for the said act with Nashik Rural Police Station, invoking section 137(2) of the Bhartiya Nyay Sanhita, 2023.

Alongwith the Petition, the report of the Obstetric USG Screening from the Maharashtra Post Graduate Institute of Eduction & Research, MUHS, Nashik is also placed on record where the gestational age parameter is determined as 28 weeks 4 days. Since the pregnancy is above the period of 22

2/2 904 wp-4021-26.odt weeks, the Petitioner through her father seek termination of the pregnancy, provided the Court accord the necessary permission, after she being examined by the duly constituted Medical Board for the purposes of termination of pregnancy. 2.

Having heard the learned counsel for the Petitioner and on perusal of the Petition, we deem it appropriate to direct the District Civil Hospital, Nashik to examine the minor girl through the Committee constituted for the purpose of termination of pregnancy, and if there is no such Committee, we direct such Committee to be constituted forthwith, so that the girl can be examined. The father of the Petitioner undertakes that he shall accompany the child to the District Civil Hospital on 28/03/2026, so that necessary procedure can be initiated and completed. We direct the report of the medical examination to be produced before us on Monday i.e. 30/03/2026.

The Petition is directed to be listed on 30/03/2026 at 3.00 p.m.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)