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