The Bombay High Court bench of Justice Ravindra V. Ghuge and Justice Rajesh S. Patil, while hearing a plea filed by a 66-year-old adoptive father seeking permission for the Medical Termination of Pregnancy (MTP) of his 27-year-old daughter, has kept the matter for further hearing on 13th January 2025 in the light of new facts.

The woman, who has below-average intelligence and is over 20 weeks pregnant, has refused to consent to the procedure of MTP and was unwilling to reveal the identity of the child's father, prompting the adoptive father to seek judicial intervention.The matter was initially adjourned after acceding to the request of the Medical Board, which sought more time for its assessment.

The Court was informed on January 8, 2025, that both the woman and the fetus are physically healthy, and a termination of pregnancy, if authorized, can be performed.

"Observation is she has below average intelligence. Nobody can be super intelligent.. we are human beings, everybody has different level of intelligence. Because she has below average intelligence, she has no right to be a mother? questioned the bench.

Appearing for the State, the Additional Public Prosecutor (APP) also highlighted to the Court that the woman is not legally declared mentally ill or mentally retarded, but it is only a borderline case of intellectual functioning.

The reasons cited by the father for seeking approval of the court for MTP was the daughter's unwillingness to divulge the identity of the father of the child and not consenting to termination. In a latest update on January 8, 2025, the daughter has now disclosed the name of the companion and additionally desires to marry him.In the previous hearing, the Petitioner had submitted before the court that, due to his advanced age and financial disability, he is in no position to take care of the newborn. Disapproving of this, the court had made observations that ‘‘You chose to be her parent’’. ‘‘Not having money is no ground for termination of pregnancy.''. ‘‘If we all start thinking of old age, no one will give birth to any child’’

In the hearing on January 8, 2025, the bench suggested that the parents take initiative to meet the companion and then accordingly make the decision, ensuring that the daughter be made comfortable and not terrorised.

The bench stated, “Explore the possibility because she has the ability to understand….” The court further reiterated the key factors for consideration, which primarily included that the woman is not mentally challenged and is just below average. Further, the woman has disclosed the name of the companion and the desire to get married to him.Moreover, she also remains firm in her stance of non-termination of pregnancy, and lastly, she is an adult aged 27 years.

After due consideration, the bench suggested that the parents converse with the daughter and her companion and make an assessment whether there is a possibility of marriage between the two.

The matter is listed to be heard on 13 January 2025.

Case Title: XYZ v. State Of Maharashtra Through Medical Board.,WP(L)/148/2025