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.
N. S. Chitnis 3/4
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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