The Madhya Pradesh High Court, in a pivotal ruling, granted permission for the medical termination of a woman’s pregnancy, citing severe matrimonial discord as grounds. The court observed that forcing the petitioner to continue the pregnancy would seriously jeopardize her life and that of the unborn child. Justice Subodh Abhyankar presided over the matter and delivered the verdict.
Background of the Case
The petitioner approached the High Court under Article 226 of the Constitution, seeking termination of her pregnancy. She stated that her pregnancy, coupled with the irreparable breakdown of her marriage, was adversely affecting her mental and emotional health. The petitioner filed an FIR (Crime No. 875/2024) against her husband and his family under various sections of the Bhartiya Nyaya Sanhita, 2023, including allegations of cruelty and domestic violence.
The court, in its previous hearings, referred the matter to mediation to explore a possible settlement between the couple. However, according to the mediator’s report dated December 7, 2024, reconciliation efforts failed. The petitioner reaffirmed her request for termination, expressing that continuing the pregnancy under the current circumstances would irreversibly affect her life and future.
Legal Issues
1. Medical Termination of Pregnancy Act, 1971: The petition was scrutinized under the provisions of the Act, which allows termination in cases where the continuation of pregnancy could pose a risk to the woman’s mental or physical health.
2. Autonomy and Consent: The petitioner’s autonomy to make decisions regarding her body and her health was a key issue. The respondent (husband) opposed the termination, expressing his wish for the pregnancy to continue.
3. Judicial Precedents: The court referred to the Supreme Court’s landmark decision in X vs. Principal Secretary Health and Family Welfare Department Govt. of NCT of Delhi (2022 SCC Online SC 1321), which expanded the scope of reproductive rights under Indian law. It also relied on its own decision in Palak Khanna vs. State of M.P. (W.P. No. 13893/2023).
Court Proceedings
The petitioner and Respondent No. 4 were heard in person in the judge’s chambers. During the interaction, the petitioner reiterated her desire for termination due to the irreparable breakdown of her marriage and the ongoing matrimonial dispute. She emphasized that her unwillingness to continue the pregnancy stemmed from the adverse circumstances and not from any temporary issue.
On the other hand, Respondent No. 4 argued that the disputes were not insurmountable and expressed his desire to reconcile and continue the pregnancy. The court, however, observed that the petitioner’s unwillingness to proceed with the pregnancy was unequivocal.
Court’s Observations and Directions
In delivering the judgment, Justice Subodh Abhyankar remarked, “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 court acknowledged the petitioner’s autonomy and the irreparable impact of forcing her to continue the pregnancy.
The court directed the Chief Medical and Health Officer, District Dewas, to arrange for the termination of the petitioner’s pregnancy without delay. The petitioner was asked to appear at the hospital at 11:00 AM on December 11, 2024, to undergo the procedure.
Conclusion of the Case
The petition was allowed, and the case was disposed of with clear directions for prompt action by the medical authorities. The court’s decision underscores the importance of a woman’s autonomy over her body and health while navigating complex matrimonial disputes.
Case Details and Legal Representation
– Case Number: W.P. No. 36944/2024
– Petitioner: A married woman
– Respondents:
– State of Madhya Pradesh
– The petitioner’s husband (Respondent No. 4)
– Advocates:
– Shri Rishi Anand Choukse appeared for the petitioner.
– Ms. Bhagyashree Gupta represented the State as Government Advocate.
– Shri M.S. Solanki represented Respondent No. 4 (husband).
– Ms. Archana Maheshwari acted as a mediator, appointed by the court.
