The Punjab and Haryana High Court has ruled that a woman living separately from her husband without legally obtaining a divorce is eligible for pregnancy termination.
The order was passed by Justice Kuldeep Tiwari while allowing a petition filed by a married woman in her thirties seeking termination of her pregnancy without her husband’s consent.
The petitioner argued that her pregnancy was medically terminable as it fell within the timeframe prescribed under the Medical Termination of Pregnancy Act, 1971. Through her counsel, she informed the court that her marriage took place in August 2024. However, soon after, she was subjected to cruelty by her in-laws over dowry and maltreated by her husband, who allegedly attempted to secretly record their personal moments in their bedroom using a portable camera.
Despite enduring these hardships, she said she continued performing her matrimonial duties. About one and a half months into the marriage, she discovered her pregnancy and informed her husband, adding that she was not mentally prepared for the child. However, the alleged mistreatment continued, and she was manhandled by her in-laws, resulting in physical pain and mental trauma.
Subsequently, she left her husband’s home and moved back to her parents’ house, filing a police complaint regarding the alleged atrocities. The petitioner maintained that continuing the unwanted pregnancy would severely harm her physical and mental health, and sought the court’s permission to medically terminate it.
The court, citing a co-ordinate bench’s observation, noted that, “Forced into an unwanted pregnancy, a woman is likely to experience significant physical and emotional challenges. Dealing with the aftermath of such a pregnancy, even after childbirth, places an extra burden on the petitioner, affecting her ability to pursue other opportunities in life, such as employment and contributing to her family’s income.”
Referring to a Supreme Court judgment, Justice Tiwari concluded that while the petitioner did not fall within the category of a “widow or divorcee,” her decision to live separately from her husband without a legal divorce made her eligible for pregnancy termination.
“The petitioner, who has a pregnancy length of approximately 18 weeks and five days as of today, is eligible for medical termination of her unwanted pregnancy,” the court ruled, allowing the petition.
The court directed the petitioner to approach the Chief Medical Officer (CMO) within three days, who was instructed to take swift action to medically terminate the pregnancy in accordance with the Act and applicable rules.
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