Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members.

Taking note of the submissions as well as Supreme Court's decision in X vs. Principal Secretary Health and Family Welfare Department Govt. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her husband which has already led her to file FIR at Crime No.875/24 alleging domestic violence, it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child.”

The present petition was filed under Article 226 of the Constitution of India seeking medical termination of pregnancy of the petitioner on account of a matrimonial dispute which had arisen with her husband. The petitioner/wife has also lodged FIR under Sections 85 (Husband or relative of husband of a woman subjecting her to cruelty), 296 (Obscene acts and songs), 115(2) (Punishment for voluntarily causing hurt), 3(5) (Common Intention) and 351(3) (Criminal Intimidation) of BNS alleging cruelty by her husband and his family members.

Earlier, the court had directed the Chief Medical and Health Officer District Hospital Dewas to ascertain if the pregnancy of the petitioner can be terminated, and it was informed by the counsel for the respondent State that as per the medical board the petitioner is fit for termination of pregnancy. On the said date, respondent no.4/husband was also present before the Court and thus, the Court referred the matter for mediation to explore the possibility of the settlement between the parties. However, as per the report submitted by the mediator, it was found that the mediation proceedings have failed.

Thereafter, the court heard the petitioner and Respondent No.4 in person in Chambers to inquire if there was any possibility of settlement between the parties as the petitioner was seeking termination of her pregnancy on account of matrimonial dispute only. However, the petitioner categorically stated that she did not wish to continue with her pregnancy as she had serious differences with her husband, and therefore, she has also lodged the FIR. The petitioner also claimed that in case the pregnancy is not terminated at this stage only, she would suffer irreparably for the rest of her life as the future of her child would be also jeopardised on account of dispute between her and her husband.

On the contrary, the respondent no. 4/husband submitted that there is no such dispute which cannot be settled between them and stated his wish to continue with the pregnancy of his wife.

Relying upon the judgement passed in X vs. Principal Secretary Health and Family Welfare Department Govt. of NCT of Delhi, the court opined that it would not be proper if the petitioner is forced to continue with the pregnancy which she does not want. Thus, the court allowed the writ petition and directed the Chief Medical and Health Officer to proceed further with the termination of pregnancy of the petitioner at the earliest.

Case Title: X v/s State of M.P & others

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