High CourtsDivision Bench(2026) 09 BOM CK 5659

ABC vs State Of Maharashtra & Ors.

Bombay High Court · Decided on 30 September 2026

HON’BLE JUDGES
Bharati Dangre, J · Ashish S. Chavan, J
RESULT
Allowed
CASE NUMBER
Writ Petition No.12812 of 2026

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Judgment

7 paragraphs · 377 words

(PER BHARATI DANGRE, J) :

1 Rule. By consent of Parties, Rule is made returnable forthwith.

2 In continuation of our order dated 28/09/2026 , a report of the Board under the signature of Dean, B.J. Govt. Medical College & Sasoon General Hospital, Pune is placed before us. Annexure 2 of the said report contain necessary information and it has set out the procedure of examination, undertaken by the Board which comprised of the Heads of various Departments and in particular, fetal medicine expert. The report is taken on record and marked as X for identification.

In the backdrop of the ultrasonography report dated 28/09/2026 at Sasoon General Hopsital, the Medical Board for termination of pregnancy has positively recommended the same, but by clarifying that it may require surgical intervention and recommendation of the Board reads thus :

“Key recommendations of the panel (if any) with justification: According to current ultrasonography findings, the fetus has multiple CNS abnormalities which are compatible with life (as per Neurosurgery reference). However, quality of life may be hampered due to neurological complications. Thus, fetal prognosis is guarded and hence, the patient's decision for medical termination of pregnancy can be supported. This shall require prior foeticide as termination of pregnancy at such an advanced gestational age may result in the delivery of a live baby (estimated weight 1997g). Also, cognizance needs to be taken of the need for delivery of fetus via caesarean section In view of advanced gestational age [(35+5) week) with estimated fetal weight of 1997g and history of previous caesarean section in patient. The due risk involved to the patient of operative intervention and anesthesia along with their complications have been duly explained to the patient and relatives.”

3 When we specifically inquired with the learned counsel for the Petitioner as to whether she has been explained of the risk and consequences, his answer is in the positive and according to him the Petitioner is ready to take the risk involved.

4 In light of the report presented to us dated 30/09/2026, by granting permission to the Petitioner to terminate the pregnancy of 33 weeks, the Rule is made absolute. We permit the procedure to be carried out in Sasoon General Hospital, Pune, under the supervision of Medical Experts.