A (Mother of X) vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 412

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
A (Mother of X) – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Shantanu M Adkar, Adv. Ms. Bharti Tyagi, AOR Mr. Mustafa A Khan, Adv.
For the Respondent(s): Ms. Aishwarya Bhati, ASG Mr. Akshaja Singh, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Ms. Preet S. Phanse, Adv. Mr. Adarsh Dubey, Adv. Ms. Yamini Singh, Adv.

JUDGMENT :

Dhananjaya Y. Chandrachud, CJI.

Background

1. This appeal emanates from a judgment of a Division Bench of the High Court of Judicature at Bombay dated 4 April 2024 which denied the minor daughter of the Appellant (hereinafter referred to as ‘X’) permission to terminate her pregnancy. ‘X’ is a minor, about fourteen years of age and is alleged to have been subjected to sexual assault in September 2023. The incident did not come to the fore till ‘X’ revealed the incident on 20 March 2024 by which time she was about 25 weeks into her pregnancy. ‘X’, it has been averred, always had irregular periods and could not have assessed her pregnancy earlier.

2. An FIR was registered with Turbhe MIDC Police Station against the alleged perpetrator on 20 March 2024 for offences punishable under Section 376 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act 2012. ‘X’ was taken to a hospital on 21 March 2024 for medical examination and then transferred to the JJ Group of Hospitals, Mumbai for termination of her pregnancy. On 28 March 2024 the medical board of the Grant Government Medical College & Sir JJ Group of Hospitals, Mumbai constitu

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2024 Supreme(SC) 412

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRAA (Mother of X) – AppellantVersusState of Maharashtra – Respondent

Cases Referred (3)

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
A (Mother of X) – Appellant
Versus
State of Maharashtra – Respondent