Madhya Pradesh High Court Allows Married Woman To Terminate 16-Week-Old Pregnancy On Account Of ‘Irreconcilable’ Marital Discord

The Madhya Pradesh High Court has recently allowed a petition filed by a married woman seeking medical termination of pregnancy on the ground that she has lodged a criminal complaint against her husband for demand of dowry and cruelty and therefore, continuance of pregnancy would be averse to her physical and mental health.

While granting relief to the lady, the Single Judge Bench of Justice Subodh Abhyankar held,

“Considering the fact that the petitioner has already filed an FIR against her husband as aforesaid, and also relying upon the decision rendered by the Supreme Court, this Court finds it expedient to allow this petition and permit the petitioner to have her pregnancy medically terminated.”

The petitioner, a 26-year-old married woman, approached the High Court for termination of her pregnancy on the ground that she lodged an FIR against her husband for demand of dowry and cruelty.

As the petitioner was carrying a pregnancy of 16 weeks and as she was unable to continue with her marriage anymore, she prayed for termination of her pregnancy which was well below 24 weeks as provided under the Medical Termination of Pregnancy Act, 1971 (the MTP Act).

The landmark decision rendered by the Supreme Court in X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Ors. was relied upon by the petitioner. Therein, the Supreme Court held that a woman is entitled to get her pregnancy terminated on account of a change in her marital circumstances during the ongoing pregnancy.

Thus, it was submitted that since the difference between the petitioner and her husband is irreconcilable and as she has already lodged a criminal case against him, it would have an extremely adverse impact on her physical and mental health if she continues with her pregnancy.

The Court relied upon the aforesaid judgment of the Apex Court as well as the decision rendered by the Kerala High Court in X v. Union of India & Ors., wherein it was noted that even in the MTP Act, there is no provision that before medical termination of pregnancy is taken up by a woman, it is necessary for her to obtain her husband’s permission.

Therefore, taking into consideration the FIR filed by the woman against her husband as well as having regard for the above position of law, the Court deemed it proper to allow medical termination of the pregnancy.

Case Title: XXX v. The State of Madhya Pradesh & Ors.

Case Citation: 2023 LiveLaw (MP) 82

Case No.: Writ Petition No. 13893 of 2023

Order Dated: June 23, 2023

Counsel for the Petitioner: Mr. Akash Sharma, Advocate

Counsel for the Respondents: Mr. Vaibhav Bhagwat, Govt. Advocate

Click Here To Read/Download Order