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Court was hearing the plea of the 32-year-old woman, who was carrying a 22 week pregnancy and had got married in May this year but was now seeking divorce
The Delhi High Court on Thursday permitted 32-year-old woman, to terminate her 23-week pregnancy, after perusing AIIMS opinion.
At the outset, the counsel informed the court that as per the report, the mother is healthy and the foetus is healthy. However, termination of pregnancy is not unsafe. “But what law requires is either threat to life of mother or her mental health”, she submitted.
The bench of Justice Subromonium Prasad noted that as of today, the pregnancy is 23 weeks and 4 days.
On perusal of the opinion of the AIIMS, the court noted, it is safe for the petitioner undergo termination.
The petitioner-in person stated that she does not intent to go back to her husband and also does not intent to go through the pregnancy and bear the child.
“In the present circumstances, it is not possible for her to go through the pregnancy and bring up the child”, the court noted.
“Though the husband of the petitioner states that efforts were made to reconcile”, it noted.
The court said, as the petitioner does not want to live with this child, the termination is permitted.
Notably, the court on October 16 had ordered the All India Institute of Medical Sciences (AIIMS) to set up a board to examine if a 22-week pregnant woman can safely undergo termination of pregnancy.
The court had said that the opinion of a Medical Board would be necessary for consideration 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.
The petitioner in June 2023, came to know about carrying a single intrauterine pregnancy. It is the petitioner’s 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 stated that on July 7, her husband physically assaulted her for the first time and it again happened in August when she was 3 months pregnant. It is her case that after the assault, she has decided to separate from her husband and has also decided to take divorce from him and, therefore, she does not want to continue with her pregnancy.
The court had pointed out that the woman had not filed any FIR against her husband and had also not filed any petition for divorce or judicial separation from her husband till now, nor had she approached any court under the Domestic Violence Act.
“However, the ratio of the Apex Court 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.
Case Title: Mrs. B v. The Union of India & Anr.
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