Bombay High Court

XYZversusSTATE OF MAHARASHTRA THR. THE PRINCIPAL SECRETARY PUBLIC HEALTH DEPARTMENT

Decided: 22 June 2026
Disposal: Disposed Off
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The court held that termination of the pregnancy beyond 26 weeks is permissible and granted the petition.

Summary

The petitioner, a 26‑week pregnant married woman, sought termination of her pregnancy due to severe fetal anomalies, including congenital heart disease and short long bones suggestive of Tetralogy of Fallot. A Medical Board of the District Hospital, comprising specialists, examined the mother and reviewed ultrasonography findings, unanimously recommending termination beyond 24 weeks because the fetus would require multiple cardiac surgeries and the family could not afford the treatment. The petitioner also expressed a desire to terminate, citing her weak socio‑economic status. The High Court, after considering the Medical Board report dated 18/06/2026, approved termination of the pregnancy beyond 26 weeks and directed the hospital to carry out the procedure. Consequently, the writ petition was made absolute, granting the relief sought.

Issues considered

Whether termination of pregnancy beyond 24 weeks is permissible under applicable law in view of severe fetal anomalies.
Whether the petitioner’s socio‑economic condition and expressed desire justify granting termination beyond the statutory limit.
Whether the Medical Board’s recommendation suffices for the court to order termination.

Subjects

termination of pregnancy
fetal anomaly
Medical Board
high court
writ petition
beyond 24 weeks
socio‑economic factors

Judgment

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 7618 OF 2026
XYZ                                              ..   Petitioner
                       Versus
State of Maharashtra                             ..   Respondent
Ms. Dhruti Kapadia for the petitioner.
Mrs. M.P. Thakur, AGP for the State.

                        CORAM: BHARATI DANGRE &
                                MANJUSHA DESHPANDE, JJ.
                        DATED : 22nd JUNE, 2026

P.C:-
1.       In continuation of our earlier order, the Medical Board of
District Hospital, Raigad-Alibag, on examination of the patient, has
forwarded a report under the signature of a Civil Surgeon, District
Hospital, Alibag, which is taken on record.

2.       The report of the Medical Board for termination of pregnancy
beyond 24 weeks has included the opinion of the Gynecologist and
Obstetrician,     Physician,     Radiologist,   Pediatrician, Anesthetist,
Psychiatrist and Psychologist, being its members.

         In unequivocal terms, each member of the Medical Board has
advised the termination of the pregnancy, in the wake of the report of
the USG, suggestive of congenital heart disease, short long bones
and, as per the opinion of the Radiologist, these short long bones and
cardiac defect favouring Tetralogy of Fallot.

         The report clearly indicate that the fetus has strong
congregational heart disease which needs tertiary cardiac care for
delivery and the newborn, even after birth, would require multiple

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cardiac surgeries for survival.

3.        In the wake of the aforesaid findings based on medical
examination of the mother and the ultrasonography report, the
Medical Board has advised termination of pregnancy as the patient is
behaviourally stable and no psychiatric abnormalities are detected.

4.       In the wake of the report dated 18/06/2026 placed before us,
since the fetus suffers from some anomalies and, in the wake of the
opinion that the child may require post natal cardiac surgeries, which
would involve financial burden, and since the Petitioner, a married
women with 26 weeks and 11 days of pregnancy, has also expressed
her desire to terminate it in the wake of the status of the fetus in her
womb. Further, it is opined that even if she gives birth, the child to be
born would require further medical attention, and since the Petition
has categorically stated that, she belong to a weaker strata of society,
and the family may not afford such treatment.

5.       As a result of the above, we deem it appropriate to accord our
approval for termination of the pregnancy of the Petitioner beyond 26
weeks in the light of the report of the Medical Board placed before
us.

         Since we are informed that the Petitioner is presently admitted
in the Civil Hospital, Raigad, and is under care of the Doctors, they
shall proceed to carry out the procedure for terminating the
pregnancy at the earliest.

6.       Writ Petition is made absolute, in above terms.



(MANJUSHA DESHPANDE, J.)                      (BHARATI DANGRE, J.)

Ashish

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