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2026 DAILYLAW 711 (BOM)

XYZ v. STATE OF MAHARASHTRA THR. THE PRINCIPAL SECRETARY PUBLIC HEALTH DEPARTMENT

WP/7618/2026 · 2026-06-22

Smt Bharati Dangre, Smt Manjusha Ajay Deshpande

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1/2 51 WP 7618-26.doc 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 Ashish 2/2 51 WP 7618-26.doc 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