Bombay High Court: While considering a writ petition seeking permission for termination of pregnancy beyond 24 weeks, the Division Bench of Manjusha Deshpande and Bharati Dangre, JJ., placed reliance on the Medical Board’s report and allowed termination of pregnancy beyond 26 weeks in view of serious foetal abnormalities, anticipated medical complications, and the petitioner’s financial condition.
Also Read: Delhi High Court allows medical termination of pregnancy beyond 24 weeks
Background
The petitioner, a married woman carrying a pregnancy of 26 weeks and 11 days, approached the Court seeking termination of pregnancy. Pursuant to an earlier order, the Medical Board of District Hospital examined the patient and forwarded its report under the signature of the civil surgeon.
The Medical Board’s reported included the opinion of the gynaecologist and obstetrician, physician, radiologist, paediatrician, anaesthetist, psychiatrist and psychologist, being its members. Each member of the Medical Board, in unequivocal terms, advised termination of the pregnancy as the ultrasonography report suggested congenital heart disease, short-long bones and, as per the opinion of the radiologist, these short-long bones and cardiac defect favoured Tetralogy of Fallot. It further recorded that the foetus would require tertiary cardiac care for delivery and even after birth would need multiple cardiac surgeries for survival. The report also noted that the patient was behaviourally stable and no psychiatric abnormalities were detected.
Analysis and Decision
The Court noted the report placed before it which suggested that the foetus suffered from some anomalies which would involve financial burden. The Court further noted that the petitioner also expressed her desire to terminate the pregnancy in the wake of the status of the foetus. The Court opined that if the petitioner gave birth, the child to be born would require further medical attention, and since the petitioner had categorically stated that she belonged to a weaker stratum of society, the family might be unable to afford such treatment.
Accordingly, the Court deemed it appropriate to accord its approval for termination of the petitioner’s pregnancy beyond 26 weeks. The Court directed that, since the petitioner is admitted in the Civil Hospital and under medical care, the doctors shall proceed to carry out the procedure for terminating the pregnancy at the earliest.
[X v. State of Maharashtra, Writ Petition No. 7618 of 2026, decided on 22-6-2026]
Advocates who appeared in this case :
For the Petitioner: Dhruti Kapadia, Advocate.
For the Respondent: M.P. Thakur, AGP.
