Delhi High Court Orders Medical Examination Of Woman Seeking To Terminate Pregnancy After Deciding To Separate From Husband

The Delhi High Court on Monday directed All India Institute Medical Sciences (AIIMS) to constitute a medical board to examine a woman seeking medical termination of her 22 weeks pregnancy after she decided to separate from her husband by taking a divorce.

Justice Subramonium Prasad observed that a Medical Board would be necessary for considering as to whether it would be safe for the woman to undergo the procedure for termination of pregnancy by a registered medical practitioner and also to ascertain the conditions of the foetus.

“For this purpose, this Court is inclined to direct All India Institute of Medical Sciences, New Delhi to immediately constitute a Medical Board to consider as to whether it will be safe for the Petitioner herein to undergo the procedure for termination of pregnancy or not and also on the condition of fetus. Let the report of the Medical Board, so constituted, be forwarded to this Court within 48 hours from today,” the court ordered.

Justice Prasad issued notice in the plea moved by the 31-year-old woman who got married in June and came to know that she was carrying a single intrauterine pregnancy after a month.

It was her case that right from the early stages of marriage, she was being tortured, abused verbally, physically, mentally and emotionally by her husband at her matrimonial home. She alleged that her husband committed physical assault on her for the first time in July and the second instance took place in August, when she was 3 months pregnant. Since August, the woman has been living in her parental home and she did not want to continue with her pregnancy.

While the court granted relief to the woman, it noted that she had neither filed any FIR against her husband complaining of physical abuse nor any petition for divorce or judicial separation.

However, the court said that as per the decision of the Supreme Court in X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another, the ratio is that it is the prerogative of each women to evaluate her life and arrive at the best course of action in view of the change in material circumstance.

“The Apex Court was of the opinion that change in material circumstance may result when a woman separates from her partner and she may no longer have the financial resources to raise the child. The Apex Court has included the cases of domestic violence perpetrated on a woman under Rule 3B(c) of the MTP Rules wherein a woman is permitted to terminate her pregnancy up to 24 weeks on the ground of change of marital status during the ongoing pregnancy,” the court said.

Court also ordered that the woman's husband be impleaded and issued him notice.

The matter will now be heard on October 19.

Counsel for Petitioner: Dr. Amit Mishra and Mr. Amit Rana, Advs.

Counsel for Respondents: Ms. Manisha Agarwal Narian, CGSC with Ms. Archana Surve, GP, Ms. Shivangi Gumber, Ms. Kholi Rukuzhuro, Advs for UoI.

Ms. Mehak Nakra, ASC for GNCTD with Md. Asif, Advs for R-2.