Bombay High Court

X SINCE MINOR THR. MOTHERversusCENTRAL HOSPITAL ULHASNAGAR AND ANR

Decided: 17 February 2026
Disposal: Disposed Off
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The Court held that the minor’s subsequent decision to continue the pregnancy rendered the earlier permission for termination moot, and the writ petition was disposed.

Summary

A 16‑year‑old minor, through her mother, filed a writ petition seeking a court‑ordered medical termination of her pregnancy. The High Court initially granted permission for the procedure to be performed at a civil hospital, emphasizing the minor's autonomy and the fact that she was unmarried. The hospital later reported that the minor did not present herself and that her family now wished to continue the pregnancy. In light of this change of circumstance, the Court revisited its earlier order. It held that the permission to terminate was no longer applicable because the minor had elected to carry the pregnancy to term. Consequently, the petition was declared disposed without any further directions.

Issues considered

Whether a minor’s autonomous decision to terminate a pregnancy can be enforced when she later refuses to undergo the procedure.
Whether the earlier court permission for termination remains valid despite a change in the minor’s and her family’s stance.

Subjects

minor's autonomy
medical termination of pregnancy
Medical Termination of Pregnancy Act
reproductive rights
writ petition
court discretion
changed circumstances

Judgment

NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2026.02.25
CHITNIS 17:17:24 +0530
903-wp.2059.2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.2059 OF 2026

X
Since, Minor (Aged:16 Years)
Through the natural Guardian:Mother ...Petitioner
Versus
Central Hospital Ulhasnagar and Anr. ...Respondents

Ms. Saloni Ghule for the Petitioner (through video-conferencing).

Ms. M. P. Thakur, A.G.P for the Respondents– State.

CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.

DATE : 24th FEBRUARY 2026
P.C. :

1. By our order dated 17th February 2026, pursuant to the

examination of 'X' who had approached this Court through her

mother seeking termination of pregnancy, we permitted the procedure

to be carried out in the Civil Hospital at Thane as the girl had

expressed that she is not desirous of continuing the pregnancy.

In the light of the report that was placed before us and the

autonomy exercised by the minor girl, being unmarried with the

N. S. Chitnis 1/4
903-wp.2059.2026.doc

assistance of her mother and the counsel who was duly representing

her, we permitted the procedure to be carried out and we made the

petition absolute in terms of its prayer clauses.

2. Ms. Thakur, learned A.G.P. informed us that 'X' did not

report to the hospital and this is what is conveyed to her by the Civil

Surgeon, Civil Hospital, Thane, by communication dated 21 st

February 2026. The said communication is taken on record.

3. A perusal of the communication dated 21 st February 2026

disclose thus:-

“As the medical termination of pregnancy was to be
conducted pursuant to a specific timeline and directions of this
Hon'ble Court, and since the patient did not present herself at the
hospital, we were unable to proceed with the directive.
Despite telephonic communication by the hospital
authorities to the petitioner's family, the elder sister of the minor
informed the hospital that they are not willing to undergo the Medical
Termination of Pregnancy at this stage and intend to continue with the
pregnancy for full term.
In light of the above, the hospital is uncertain about the
current status of the case. We request the Hon’ble Court to guide us
with further directions in this matter so that we may act accordingly.”

N. S. Chitnis 2/4
903-wp.2059.2026.doc

4. Pursuant to this letter being received, Ms.Thakur

mentioned the matter before us and though we had disposed of the

writ petition, we directed it’s listing today.

5. Ms. Ghule who represented the petitioner is also not sure

about the decision that is taken by the minor and her mother and she

submits that when she last spoke to them, they had some

apprehensions about the health hazards faced by the minor.

In any case, since the girl did not report for carrying out

the process as we had already noted that the pregnancy was 32 weeks

by relying upon the medical report as well as the decision of the Apex

Court in A (Mother of X) v/s State of Maharashtra and Others (Civil

Appeal No.827 of 2026), giving priority to the autonomy and the

decision taken by the minor girl along with the assistance of her

mother, she being unmarried and the pregnancy being unwarranted,

we had permitted the termination of pregnancy. However as on date,

since we are informed that the minor girl did not report to the hospital

and the procedure could not be carried out, by taking the

N. S. Chitnis 3/4
903-wp.2059.2026.doc

communication on record, we indicate that though we had made the

petition absolute, in the wake of the changed circumstances, the

petition stands disposed of as despite our directions and permission to

terminate the pregnancy on its crossing 24 weeks, the girl has opted to

continue with the pregnancy and to give birth to the child.

Writ Petition stands disposed of.

All concerned to act on the authenticated copy of this

order.

MANJUSHA DESHPANDE, J. BHARATI DANGRE, J.

N. S. Chitnis 4/4

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