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The woman had levelled domestic violence and cruelty allegations against her husband, but he opposed the termination of pregnancy contending that the dispute can be settled
The High Court of Madhya Pradesh at Indore has granted permission for the medical termination of pregnancy to a woman, in a case arising from a matrimonial dispute. The woman (petitioner) had sought the termination of pregnancy due to irreconcilable differences with her husband.
A Single judge bench comprising Justice Subodh Abhyankar, relying on precedent established from X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr. (2022) and Palak Khanna v. State of M.P & Ors (2023), underscored the primacy of a woman’s autonomy in matters of pregnancy. The court held that “it would not be proper if she (petitioner) 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 court took into account that the woman had also filed a First Information Report (FIR) on November 5, 2024, under Sections 85, 296, 115(2), 3(5), and 351(3) of the Bhartiya Nyaya Sanhita, 2023 (BNS), alleging cruelty by her husband and his family. In a prior hearing on November 27, 2024, the court directed the Chief Medical and Health Officer (CMHO) of Dewas District Hospital to evaluate the petitioner’s medical eligibility for termination. On December 4, 2024, the court was informed by the state counsel that a medical board had deemed the petitioner fit for the procedure. The husband also appeared in court, and the matter was referred for mediation, which ultimately failed, as confirmed in the mediator’s report dated December 7, 2024.
During chamber proceedings, the petitioner expressed her unwillingness to continue the pregnancy, citing emotional and practical concerns regarding her future and the potential impact on the child in the context of the ongoing marital dispute. On the other hand, her husband contended that reconciliation was still possible and opposed the termination request.
Given the hostile circumstances arising from the matrimonial discord including allegations of domestic violence levelled by the wife against her husband, the court ruled that forcing the petitioner to continue the pregnancy would jeopardize her well-being and that of her child.
Accordingly, the court allowed the petitioner’s plea, directing the CMHO of Dewas District to ensure the termination of the petitioner’s pregnancy. The petitioner was instructed to appear before the CMHO to initiate the procedure.
Cause Title: Ranjana Verma v State of M.P & others [W.P.No.36944/2024]
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