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2018 Supreme(Bom) 164

S.S.SHINDE, S.M.GAVHANE
“ABC” Through her Guardian – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Sujit A. Patil h/f. V.D. Salunke, Advocates
For the Respondents: A.B. Girase, Government Pleader

JUDGMENT :

S.M. Gavhane, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of learned Counsels appearing for the respective parties.

2. The minor victim girl who is physically abused and mentally tortured has approached this Court through her father – the guardian for seeking directions in the nature of writ of mandamus, thereby directing to terminate her pregnancy by following the procedure as described under the Medical Termination of Pregnancy Act, 1971 [hereinafter referred as to “the MTP Act”] and further directions to conduct DNA test of unborn foetus, so as to determine natural parents of it.

3. The guardian father of the victim contends that he has four daughters and one son. The victim is minor daughter aged about 16 years. She is studying in 10th standard. As per her bona fide certificate issued by the school, her date of birth is 05.01.2001. It is further contended that his elder daughter has married on 06.01.2013 with one Vikas Rathod and he is not maintaining his wife. Vikas drove his wife out of his house. Therefore, she is residing with the petitioner. Some complaints were filed against the matrimonial family members of elder daughter of the p




























































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