The Bombay High Court allowed a 31-year-old unmarried woman to medically terminate her 25-week pregnancy after acknowledging her psychological distress and lack of family or partner support.
The woman, who approached the court under the Medical Termination of Pregnancy (MTP) Act, 1971, stated that her pregnancy was the result of contraceptive failure during a consensual relationship that had since ended. The division bench of Justices Revati Mohite-Dere and Dr. Neela Gokhale, after hearing the plea, emphasized that she had been "left in a lurch" by her circumstances and her partner’s initial refusal to support her.
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“The Petitioner, a 31-year-old woman, is left in a lurch by her own circumstances and the refusal of her partner to offer support… She is naturally apprehensive about social stigma and her parents, who may not be supportive,” the Court noted.
On the Court's direction, the woman’s partner was impleaded as Respondent No.6 and appeared before the judges. He expressed willingness to support her through the procedure, offering to deposit ₹1,00,000 in her account for medical and legal expenses and to accompany her during the process.
“He appeared to be a mature person and accepted responsibility. He assured us that he will accompany the Petitioner to the hospital… and remain with her during the ordeal,” the judges recorded.
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The petitioner explained that she had quit her job recently and, upon discovering her pregnancy, faced extreme mental distress. She sought opinions from various doctors and faced social and emotional challenges in doing so. The Court found her decision to terminate the pregnancy to be made out of her own free will.
A Medical Board at JJ Hospital evaluated the petitioner, finding no physical fetal anomalies but acknowledged her mental anguish. The Board confirmed she was fit to undergo the procedure and recommended MTP at a hospital with facilities for feticide. Accordingly, she was directed to JJ Hospital on June 20, 2025, from where she would be transferred to NM Wadia Hospital for the procedure.
“We are satisfied that continuance of the pregnancy shall adversely affect the already disturbed psychological condition of the Petitioner. Hence, in the peculiar facts of this case, we permit the Petitioner to medically terminate the pregnancy,” the Court ordered.
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The judgment also referred to a recent Supreme Court decision which emphasized that a pregnant woman’s mental and physical health is paramount, and courts must prioritize her reproductive autonomy under Article 21 of the Constitution.
“The right to abortion is a concomitant right of dignity, autonomy and reproductive choice… The decision to terminate pregnancy is deeply personal,” quoted the High Court from the Apex Court’s ruling.
In conclusion, the Court permitted the procedure, subject to medical advisories, and listed the matter for compliance reporting on June 23, 2025.
Case Title: ABC vs. State of Maharashtra (Writ Petition 7491 of 2025)
Advocates: Nikita Raje for the Petitioner; Monali Thakur (AGP) for the State.
Hospitals Involved: Sir JJ Hospital and NM Wadia Hospital, Mumbai
