Woman Awaiting Divorce Can Terminate Pregnancy Under MTP Act: Punjab & Haryana High Court

Observing that the situation of a divorcee and woman awaiting divorce is not different, the Punjab & Haryana High Court has allowed a woman to terminate her pregnancy under the Medical Termination of Pregnancy Act (MTP Act).

MTP Act permits termination of pregnancies by two registered medical practitioners for up to 20 weeks.

However, beyond 20 weeks to 24 weeks, only certain categories of women including those divorced or widowed are allowed to terminate pregnancy.

The Court considered that the woman was abandoned by her husband at her parental house.

Justice Vinod Bhardwaj observed, "Change of 'marital status' during an ongoing pregnancy is a concept which needs to be understood in true spirit. However, change of status should not be construed as an absolute change leading to severance of the status due to culmination of the divorce or widowhood."

"A circumstance where a woman is restrained from institution of a petition for divorce due to minimum waiting period, but has become pregnant and has decided to seek annulment of her marriage, cannot be a ground to put her to a disadvantageous position. She is mentally and psychologically already at a level where marital status is determined to change, but for the statutory bar," said the judge.

The Court added that "the circumstances which exist for a woman who succeeded in divorce is no different from a woman who is awaiting a divorce."

These observations were made while hearing the plea of a woman seeking termination of pregnancy of 28 weeks which exceeded the maximum permissible limit for termination of pregnancy as per the MTP Act.

The woman married in January 2024 and allegedly for bringing less dowry, her in-laws abandoned her and her husband left for Dubai without informing her and did not even share his contact details.

It was submitted that she wanted to terminate the marital ties with her husband under the Hindu Marriage Act but she was required to wait for the mandatory waiting period of one year from the date of marriage.

The MTP Board did not recommend termination of pregnancy as the foetus was normal and had crossed 24 weeks which is the maximum permissible limit for termination of pregnancy.

The Court referred to Apex Court's decision in Sarmistha Chakrabortty & Another versus Union of India Secretary & Others, 2017 to underscore that “the right of a woman to have a reproductive choice is an insegregable part of her personal liberty, as envisaged under Article 21 of the Constitution of India. She has a sacrosanct right to have her bodily integrity”.

The Judge noted that the woman has "reiterated her intent to seek annulment of marriage again and again before different authorities as well as before this Court."

"Taking into consideration the fact that the petitioner has been abandoned by her husband at her parental house, who has left for Dubai on 01.05.2024 without informing her and thereafter, has not made any attempt to contact the petitioner or her family members; that the petitioner herself is dependent on her parents and it is not possible for her to bear the additional expenses for taking care and providing the necessary amenities and the education; that the petitioner has taken a conscious decision to get her marriage annulled by filing a petition for divorce in accordance with law after the statutory period of one year has elapsed.." the Court said.

Consequently, the judge allowed the plea.

Mr. Sukhjit Singh, Advocate for petitioner.

Mr. Aditya Sharda, DAG, Punjab.

Title: XXXX v. State of Punjab & Ors.

Citation: 2024 LiveLaw (PH) 211

Click here to read/download the order