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2026:BHC-O S:23183-DB CNR No : HCBM020355362026 Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 35535 OF 2026 XYZ } Petitioner Versus State of Maharashtra & Anr. } Respondents Mr. Advait U. Shukla with Mr. Prem Dubey, Advocates for the Petitioner.

Ms. Fatima Lakadawala, AGP for Respondent No. 1.

Mr. O. P. Dubey with Mr. B. B. Dubey, Advocates for Respondent No. 2.

CORAM : MAHESH CHANDRA TRIPATHI, CJ. &

ADVAIT M. SETHNA, J.

DATE : 26^th OCTOBER, 2026 P.C.:

1. We have heard learned Counsel for the parties. Rule. Rule made returnable forthwith, with the consent of parties.

2. On 23^rd October 2026, this Bench had passed the following order: -

“1. The learned AGP submits that the Medical Report is still awaited. The learned Counsel for the Petitioner tenders an Affidavit of Service in respect of service upon Respondent No. 2, which is taken on record. Mr. B. B. Dubey, learned Counsel, enters appearance on behalf of Respondent No. 2 (Husband). The learned Counsel for Respondent No. 2, on instructions, submits that the Petitioner herself deserted Respondent No. 2 and that Respondent No. 2 is still ready and willing to keep the Petitioner with all dignity. It is further submitted that Respondent No. 2 is also not in favour of termination of the pregnancy. The learned Counsel for Respondent No. 2 shall file an affidavit to that effect on or before the next date of hearing.

2. As the Medical Report is still awaited, on the request of the learned AGP, matter is adjourned to Monday, 26^th October, 2026 (1^st on Board).

3. In the meantime, learned Counsel for the Petitioner and Respondent No. 2 voluntarily state that they will persuade their respective clients for settling the matter amicably out of the Court.”

3. In response to the aforesaid Order, the learned AGP has furnished a detailed Medical Report of the Medical Board constituted by the Grant Government Medical College and Sir J. J. Group of Hospitals, Mumbai placed in a sealed cover, which is taken on record. The said report is opened in the presence of the learned Counsel for the parties. The Medical Board/Committee has opined as under: -

“COMMITTEE OPINION Upon examining the patient and reviewing the available clinical records and investigations, the Medical Board/Committee records the following opinion:

The patient is a 34 year primigravida married since 6 months with gestational age on 22/10/2026 is 24 weeks.

The fetus does not show any congenital anomalies.

The psychological testing has expressed that there is mental agony that can worsen in future if the pregnancy is continued and that she is in a fragile state at present.

As of today she fits into one of the special categories that permits termination of pregnancy "under the ground of change of marital status" as per new amendment MTP ACT of 2021 between 20-24 weeks. In view of these, this committee is of the opinion that this pregnancy in this patient can be terminated. The risk involved in this procedure has been explained to the patient and relatives and they have accepted the same. The delivered fetus may require NICU care and the prognosis may not remain good inspite of it.

The pregnancy can be terminated at any hospital of choice of patient which is recognised by the government and fully equipped with facilities to deal with such patients to ensure safety of the patient”

4. In the instant matter, the entire plank of the case is premised on the ground that the relationship between the Petitioner and her husband was/is strained. The marriage was solemnized on 12^th May 2026 and at present, the Petitioner is 34 years of age having pregnancy of 24 weeks. The Report of the Medical Board reflects clearly that, “the fetus does not show any congenital anomalies”.

5. While passing the Order dated 23^rd October 2026, we had also directed the parties to settle the matter out of Court. In response to that, Respondent No. 2-Husband has filed Affidavit-In-Reply, da