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Bombay High Court

XYZ AND ANRversusSTATE OF MAHARASHTRA THR. THE PRINCIPAL SECRETARY PUBLIC HEALTH DEPARTMENT

Decided
Disposal
Disposed Off

Holding

The court held that where a competent medical board certifies that continuation of pregnancy poses a grave risk to the mother's life, the High Court may order termination even beyond the statutory gestational limit under the MTP Act.

Summary

The petitioners sought a court order to terminate a 23‑week pregnancy of petitioner No.1, who suffers from complex congenital heart disease and severe pulmonary vascular disease, constituting a Class‑III risk to her life. The State of Maharashtra opposed the termination. The High Court examined a medical board report from Sir J.J. Group of Hospitals, which concluded that continuation of the pregnancy would likely cause maternal cardiovascular deterioration, heart failure and possible death. The petitioner had been fully counselled and gave informed consent to undergo termination. Accepting the board’s consensus and the mother’s consent, the court directed that the termination be performed immediately, with provision for neonatal care if the child is born alive. The writ petition was disposed in favour of the petitioners.

Issues considered

  • Whether a pregnancy beyond the statutory gestational limit can be terminated under the Medical Termination of Pregnancy Act when the mother’s life is at grave risk
  • Whether the High Court can issue a direction for termination based on a medical board’s certification and the mother’s informed consent

Subjects

  • Medical Termination of Pregnancy
  • Class III risk
  • Maternal health
  • Writ petition
  • High Court
  • Informed consent
  • Neonatal care

Judgment

NISHA                    Digitally signed by
                         NISHA SANDEEP
SANDEEP                  CHITNIS
                         Date: 2026.08.25
                                                                      902-wp.10842.2026.doc
CHITNIS                  17:12:29 +0530



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION


                                      WRIT PETITION NO.10842 OF 2026


                XYZ and Anr.                               ...Petitioners

                         Versus

                State of Maharashtra and Anr.              ...Respondents


                Ms. Kanchan T. Pawar (Through Legal Aid) for the Petitioners.

                Ms. M. P. Thakur, A.G.P. for the Respondent Nos.1 and 2-State.


                                                CORAM: BHARATI DANGRE &
                                                       ASHISH S. CHAVAN, JJ.

                                               DATE   : 25th AUGUST 2026

                P.C. :

                1.                 On receipt of the report from the Sir J.J. Group of

                Hospitals, Mumbai, which has advised Medical Termination of

                Pregnancy (MTP) with a Class III risk from cardiology and CVTS side,

                we expected the learned counsel for the petitioners to obtain clear




N. S. Chitnis                                                                          1/4
                                                                    902-wp.10842.2026.doc




                instructions from the petitioner No.1 and today she has received those

                instructions.

                            The petitioner No.1 is ready and willing to undertake the

                risk of termination of the pregnancy and having being duly counselled

                about the consequences, she has taken a firm decision to undergo the

                termination of pregnancy.



                2.          In the light of the report of the Medical Board placed

                before us, which has also opined that the termination of pregnancy is

                in the interest of the mother’s health and it is imperative to prevent

                grave and irreparable harm to her physical well-being, despite the fact

                of the gestational age of the foetus being 23 weeks and 2 days (+/- 3

                weeks).

                            The report has highlighted all facets of the risk and in the

                final opinion of the Committee, it is advised that she shall undergo

                MTP with Class-III risk from cardiology, as the mother has a complex




N. S. Chitnis                                                                        2/4
                                                                   902-wp.10842.2026.doc




                congenital heart disease with severe pulmonary vascular disease, which

                can subject her to maternal cardiovascular deterioration, heart failure

                with chances of subsequent maternal mortality.



                3.          Accepting the opinion set out in the report of the Medical

                Board, when a consensus is expressed to terminate the pregnancy, we

                issue directions to implement the said report.

                            The writ petition is made absolute in terms of its prayer

                clause.

                            Since the petitioner No.1 is presently hospitalised in the

                Sir J.J. Group of Hospitals, Mumbai, we permit the doctors to proceed

                with the process of termination of pregnancy at the earliest, while

                ensuring the well-being of the mother. In the event the child is born

                alive, it shall also be provided the requisite neonatal care by making

                available access to the Neonatal Care Unit.




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                                                                 902-wp.10842.2026.doc


                         Writ Petition stands disposed of accordingly.

                         All concerned to act on the authenticated copy of this

                order



                ASHISH S. CHAVAN, J.                    BHARATI DANGRE, J.




N. S. Chitnis                                                                     4/4


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