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High CourtsSingle Bench(2025) 12 BOM CK 2449

A. B. C. vs The State Of Maharashtra & Anr.

Bombay High Court, Kolhapur Bench · Decided on 26 December 2025

HON’BLE JUDGES
Jitendra Jain, J
CASE NUMBER
Writ Petition (ST) No.31973 of 2025

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Judgment

20 paragraphs · 374 words

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

WRIT PETITION (ST) NO.31973 OF 2025

A. B. C. Through Her Father X. Y. Z. …..Petitioner Vs. The State of Maharashtra & Anr. …..Respondents Ms. Saniya Patki for the Petitioner. Mr. Tejas Kapre, AGP for the State.

CORAM : JITENDRA JAIN, J. DATED : 26th DECEMBER 2025 (Vacation Court) P.C.:-

1.

Pursuant to the order dated 24th December 2025, Respondent No.2-Hospital has filed its report in terms of the directions issued by the Court.

2.

The Medical Board in its report has recommended that ABC is a minor girl and has survived sexual assault and is at present 26.3 weeks pregnant. The Board has further opined that continuation of her pregnancy can lead to great injury to her mental and physical health.

Gaikwad RD 1/3

3.

The Board has also opined that as the age of fetus is 26.3 weeks, it is likely that fetus would be born alive and may require NICU support. The estimated fetal weight is about 827 gms. The Board has opined that presently ABC is medically fit for termination of pregnancy.

4.

The Medical Board has, therefoe, opined that ABC can be considered for termination of pregnancy.

5.

In view of above, the Court is of the opinion that ABC be permitted to terminate the pregnancy and Respondent No.2 to carry out the procedure of termination immediately.

6.

If the fetus is born alive, then Respondent No.2 should give all necessary medical support including NICU support. All the costs shall be borne by the Respondent No.1-State. In the event, child survives, Respondent No.1-State to take all steps to ensure welfare and wellbeing of the child.

7.

The Hospital Authories to preserve the appropriate tissue/DNA sample of the fetus/child after its birth and forward the same to the investigating officer for ensuring criminal trial.

Gaikwad RD 2/3

8.

ABC should be given necessary pre and post termination psychological counseling.

9.

List this matter on 5th January 2026 to apprise this Court about termination of pregnancy, post termination events and for further directions for compensation under “Manodhairya Scheme”.

10.

All parties to act on an authenticated copy of this order.

(JITENDRA JAIN, J.)

Gaikwad RD 3/3