The Punjab and Haryana High Court has given an important verdict and made it clear that a woman living separately from her husband without getting divorced can terminate the pregnancy even without the consent of the husband under the Medical Termination of Pregnancy Act.
The woman had sought direction to Mohali’s Fortis Hospital to terminate her 18-week pregnancy without the consent of her husband. The petitioner said that her pregnancy can be medically terminated as the pregnancy was not more than the prescribed period for abortion.
Camera was installed in the bedroom to record private moments
The petitioner’s lawyer argued that the woman had to face cruelty by her in-laws due to bringing less dowry and her husband also abused her. He also installed a portable camera in her bedroom twice to secretly record her private moments.
Due to the alleged cruelty, the woman started living separately and submitted that continuing her unwanted pregnancy would cause serious damage to her physical and mental health.
The High Court observed that the petitioner separated from her husband due to domestic violence but has not been legally divorced, yet she is eligible to terminate the pregnancy without the consent of her husband on the ground of change in marital status.
What did the High Court say?
The High Court said that when forced into an unwanted pregnancy, a woman may face significant physical and emotional challenges. Dealing with the consequences of such pregnancy even after the birth of the child puts an additional burden on the petitioner.
This affects her ability to pursue other opportunities in life such as employment and contributing to her family’s income. In light of the above, the Court allowed the petition and directed the petitioner to approach the concerned CMO within three days from the order.
Although the petitioner does not fall in the category of widow or divorcee, she has decided to live separately from her husband without being legally divorced, hence she is eligible to terminate the pregnancy.
