High CourtsDivision Bench(2019) 01 BOM CK 0171

X Through Her Mother And Natural Legal Guardian Manisha Hadale vs Union Of India And Others

Bombay High Court · Decided on 3 January 2019

HON’BLE JUDGES
B.P. Dharmadhikari, J · Revati Mohite Dere, J
CASE NUMBER
Writ Petition (L) No. 36895 Of 2018

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Judgment

9 paragraphs · 172 words
1.

Petitioner a minor victim of sexual abuse, is before this court through her mother seeking leave to terminate the pregnancy. This court has on

28/12/2018 received report from the JJ Hospital Mumbai in a sealed envelope. Report is taken on record as Exh. X. Respective counsel for the parties

were permitted to go through the same.

2.

The Experts have given their separate findings and jointly advised for termination of the pregnancy which is about 24 weeks old. They have also

pointed out that the termination carries risk as to the pregnant minor girl.

3.

Counsel for the petitioner upon instructions states that the minor and her natural guardian (mother) are ready and willing to undergo the operation.

4.

As such pregnancy itself is presumed to constitute grave injury to mental health, in these circumstances, we grant permission as requested.

5.

Petitioner shall report at JJ Hospital by 5th January, 2019 where necessary procedure shall be carried out at the earliest.

6.

Parties to act on authenticated copy of this order.