'She's Minor': MP High Court Refuses To Let 17-Yr-Old Stay With Partner But Lets Her Continue Pregnancy

The Madhya Pradesh High Court recently directed police authorities to shift a pregnant girl– stated to be in a relationship with and residing with her partner booked under POCSO Act– after observing that the girl being a minor cannot reside with him. 

The court said that if her parents are not willing to keep her, then she must be shifted to Nari Niketan where she is to stay until she attains majority. Further noting her refusal to terminate the pregnancy, the court said that medical termination of the foetus cannot be ordered. 

The court was hearing a suo moto case which arose from a letter dated July 12 addressed by the Special Judge, POCSO Act to High Court's Registrar General, seeking permission for termination of pregnancy of a rape victim who was a minor.

In its previous order, the High Court had directed medical examination of the 17-year-old girl. During the hearing on July 16, the State informed Justice Vishal Mishra that police authorities went to the house of the victim for taking her to the hospital, however she refused to undergo medical examination.

In her recorded statement in Hindi, she said that she had been in a relationship with her partner, the accused in the matter, for the past one year and had been living with him. She further in her statement, expressed her desire to continue residing with him, clarifying that she did not wish to undergo any further medical examination and did not want to terminate her pregnancy. 

Noting her statement, the court in its order said, "The prosecutrix is aged about 17 years and being a minor she cannot reside in the house of the accused. Therefore, the Police Authorities are directed to hand over the prosecutrix to her parents and if they are not willing to keep the prosecutrix with them or the prosecutrix show her willingness not to reside with the parents, then she should be shifted to Nari Niketan (Mauganj/ Rewa) under intimation to the Superintendent of Police, District Mauganj. The Superintendent of Nari Niketan is directed to take all care and precaution with respect to the victim/ prosecutrix as she is having pregnancy of 26 weeks & 4 days as per earlier medical report. The prosecutrix shall stay at Nari Niketan till she attains the age of majority". 

With regard to termination of pregnancy the high court referred to Supreme Court's Judgment in  A (Mother of X) Vs. State of Maharashtra, where the apex court had said that "where the opinion of a minor pregnant person differs from the guardian, the court must regard the view of the pregnant person as an important factor while deciding the termination of the pregnancy". 

The high court thereafter said, "In view of the fact that prosecutrix has not given any consent for undergoing termination of pregnancy and taking note of judgment passed by the Hon'ble Supreme Court in the case of A (Mother of X) Vs. State of Maharashtra and Another reported in (2024) 6 SCC 327 , the termination of pregnancy in the present case cannot be ordered". 

The plea was disposed of.

Case Title: Prosecutrix X v State of Madhya Pradesh (Writ Petition No. 27514 of 2025)

Citation: 2025 LiveLaw (MP) 162

Counsel For State: Government Advocate Alok Agnihotri

Click here to read the Judgment