Abc v. State Of Maharashtra Thr The Principal Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7245 OF 2026 ABC ..

Petitioner

Versus

The State of Maharashtra & Ors.

..

Respondents ...

Mr. Anand Mishra i/by Mr. Sushil S. Upadhyay, for the Petitioner Ms M. P. Thakur, AGP, for the Respondent-State. ...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 11th JUNE, 2026 P.C:- 1.

The Writ Petition is filed seeking medical termination of the pregnancy, which the Petitioner is carrying and which according to the ultrasonography report of Grant Govt. Medical College and Sir J.J. Hospital, has the age of 24 weeks and 4 days (+/- 2 weeks).

The Petitioner is desirous of exercising her bodily autonomy, as according to her, being into a relationship based on mutual affection and emotional attachment she conceived, and the pregnancy being unintended, she was unaware of the gestational age of the pregnancy. However, now she is not desirous of giving birth to the child and, with the support of her parents, she has approached this Court seeking permission to terminate the pregnancy, as she is pursuing her education and she is of the view that, the unwanted Rushikesh

2/2 901 WP.7245.2026.odt pregnancy would have impact on her mental health, career, future prospects, dignity, as well as overall well-being. Claiming her right to reproductive choice, bodily autonomy, privacy and dignity as an integral part of Article 21 of the Constitution, the Petitioner has approached this Court. 2.

The Writ Petition is accompanied by the report from the Department of Radiology of Grant Govt. Medical College and Sir J.J. Hospital dated 02.06.2026, which on examination has opined thus: "Single live intrauterine gestation of mean gestational age 24 weeks and 4 days (+/- 2 weeks) with no lethal congenital anomaly at present scan".

3.

In the wake of the aforesaid report placed before us and the prayer of the Petitioner to terminate the pregnancy, but since it is beyond period of 24 weeks, she is constrained to seek approval from this Court.

4.

In the given circumstances, we direct the Petitioner to be examined by the Medical Board constituted for the said purpose, by the Grant Govt. Medical Collage and Sir J.J. Hospital, and we direct them to carry out medical examination by tomorrow, and for carrying out the necessary tests, we expect the Petitioner to be reporting to the J.J. Hospital today, so that all the preliminary formalities can be completed. Upon her medical examination, the report of the Medical Board shall be placed before us on Monday i.e. on 15.06.2026. To be listed on the Supplementary Board.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Digitally signed by RUSHIKESH VISHNU PATIL Date:

2026.06.11 19:03:43 +0530 RUSHIKESH VISHNU PATIL Rushikesh