Delhi High Court Permits Woman Living Separately From Husband To Terminate 23 Weeks Pregnancy

The Delhi High Court on Thursday permitted a woman living separately from her husband and desirous of taking divorce to terminate her 23 weeks pregnancy.

Justice Subramonium Prasad took note of the opinion given by the medical board of All India Institute of Medical Sciences (AIIMS) stating that the foetus was normal and that it is safe to terminate the pregnancy.

This was after the court had directed AIIMS to constitute a medical board to examine the woman’s condition and to consider if it would be safe for her to undergo the medical termination of pregnancy.

The woman told court that she had no desire of living with her husband and that it was tough for her to take the decision to terminate her pregnancy. On the other hand, the man, who was also present in court, submitted that he wishes to live with her and tried to reconcile the situation but failed.

The court was dealing with a 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.

Earlier, the court had noted 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 had said.

The court had also ordered that the woman's husband be impleaded and issued him notice.

Title: MRS B. v. THE UNION OF INDIA & ANR

Citation: 2023 LiveLaw (Del) 997