Allowed¶21

Poomani v. The Dean

Madras HC10 Jul 2025WP(MD)/18944/2025

Case brief

AI extract

What is this about?

Medical termination of pregnancy; minor mother aged 12; gestation 26 weeks beyond 24-week limit; writ of mandamus under Article 226 of the Constitution of India; Madurai Bench of Madras High Court; Annal Mahatma Gandhi Medical Government Hospital Trichy; Child Welfare Committee Trichy; District Child Protection Unit; parental/maternal consent; judicial sanction for late-term termination of minor's pregnancy; allowed with no costs; Justice S. Srimathy.

What did the court decide?

Writ of Mandamus issued: respondents directed to terminate forthwith the pregnancy of the petitioner's 12-year-old minor daughter Janusiya; no order as to costs. ¶21

Poomani Vs The Dean — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ of Mandamus issued: respondents directed to terminate forthwith the pregnancy of the petitioner's 12-year-old minor daughter Janusiya; no order as to costs.

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Issue for consideration

Whether this Court should permit and direct termination of the pregnancy of the petitioner's 12-year-old minor daughter where the gestation has crossed the 24-week threshold and stands at 26 weeks.

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Court's answer

Termination was permitted despite the gestation having crossed the 24-week period (26 weeks), after this Court considered the oral submissions of the learned Government Advocate and conferred with the Dean of Medical College, Trichy and the Head of the Department of Anaesthesia, who indicated some risk to the minor mother but stated it may be permitted based on the order of this Court; the Court further observed that the minor's mother had given consent.

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Ratio / Principle

This Court directed the respondents to terminate the pregnancy of the petitioner's minor daughter forthwith.

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Detailed headnote1 paragraphs

W.P(MD)No.18944 of 2025, Madurai Bench of Madras High Court, decided 10.07.2025 by Hon'ble Mrs. Justice S. Srimathy: A writ petition filed under Article 226 of the Constitution of India by Poomani, mother of a 12-year-old minor girl (Janusiya), sought a Writ of Mandamus directing the Dean, Annal Mahatma Gandhi Medical Government Hospital, Trichy, to terminate the minor's pregnancy pursuant to the petitioner's representation dated 08.07.2025. The pregnancy had crossed the legally permissible 24-week threshold and stood at 26 weeks, requiring the Court's sanction. On the oral submissions of the learned Government Advocate (Mr. R. Raghavendran), and after the Court personally consulted the Dean of Medical College, Trichy, and the Head of the Department of Anaesthesia — who advised that at 26 weeks there may be some risk to the minor mother but that termination may proceed under the Court's order — and noting that the minor's mother had given consent, the Court directed the respondents to terminate the pregnancy forthwith. The writ petition was allowed, with no order as to costs.

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W.P(MD)No.18944 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.07.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.18944 of 2025

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Poomani ... Petitioner

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Vs.

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The Dean Annal Mahatma Gandhi Medical Government Hospital, Trichy. 2. The Chiarman, Child Welfare Committee, First Floor, No.1, Kalaiarangam New Marriage Hall, Cantonment, Trichy-1. 3. Legal Cum Protection Officer, District Child Protection Unit, First Floor, No.1, Kalaiarangam New Marriage Hall, Cantonment, Trichy-1. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1^st respondent to take appropriate steps to terminate the pregnancy of petitioner's daughter minor Janusiya, aged 12 years, on the basis of the petitioner's representation dated 08.07.2025. For Petitioner : Mr.B.Sekar For Respondents : Mr.R.Raghavendran Government Advocate 1/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.18944 of 2025

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of

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Mandamus, to direct the 1 st respondent to take appropriate steps to terminate the pregnancy of petitioner's daughter minor Janusiya, aged 12 years, on the basis of the petitioner's representation dated 08.07.2025.

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2. It is seen that the 12 years old minor is pregnant and the pregnancy has crossed 24 weeks and as on date, it is 26 weeks. If the pregnancy is prior to 24 weeks, termination is permissible as per law. Since it is 26 weeks, the petitioner is seeking the permission of this Court.

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3. On oral submissions of the learned Government Advocate appearing for the respondents this Court considered the issue. Further, this Court had a word with the Dean of Medical College, Trichy and the Head of the Department of the Anaesthesia Department, Medical College, Trichy. They submitted that since it is 26 weeks, there may be some risk to the minor mother, however, it may be permitted based on the order of this Court. Further, it is seen that the mother of the minor has given consent.

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4. Therefore, this Court is directing the respondents to terminate the pregnancy of the petitioner’s minor daughter forthwith.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.18944 of 2025

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5.With the above observations, this Writ Petition is allowed. There

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shall be no order as to costs.