HC allows 28-week pregnant woman awaiting divorce to abort foetus
As per the plea of the woman, who is from Mohali and got married in January 2024, her husband and his family were not happy with the dowry given at the time of marriage, and started taunting and harassing her over it.
In a significant order, the Punjab and Haryana high court has allowed a 28-week pregnant woman to abort the foetus even as she has yet to file for dissolution of marriage.
“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. The circumstances which exist for a woman who succeeded in divorce is no different from a woman who is awaiting a divorce,” observed the bench of justice Vinod S Bhardwaj while allowing plea for termination of pregnancy, which was into 28 weeks on August 8.
As per the plea of the woman, who is from Mohali and got married in January 2024, her husband and his family were not happy with the dowry given at the time of marriage, and started taunting and harassing her over it. She had gotten pregnant in January.
But on May 1, her husband abandoned her at her parental house, and without informing her and her family left for Dubai. The plea claimed since then he had not contacted them, and conveyed that her family should bear all expenses if a female child is born and he would not take the petitioner back.
It was further argued that she would initiate divorce proceedings at an appropriate stage when minimum statutory period of one year for filing of divorce is over. However, considering that she had been abandoned, the birth of a child would have serious repercussions on the future prospects of the petitioner. Hence, termination of pregnancy be allowed.
Woman reiterated stand during counselling
The court had sent the matter for mediation and counselling centre, where the woman had reiterated her stand. The doctors had opined against the termination of pregnancy as it was beyond 24 weeks of maximum permissible age as per the Medical Termination of Pregnancy Act, 1971.
The husband’s family on the other hand had told the court that they were willing to take her back and had no objection to her seeking termination of pregnancy. But if the woman decides to give birth to the child, they are willing to take and discharge all responsibilities with respect to the child, they had submitted.
The court took note of her claims that the husband had abandoned her in May and not made any attempt to contact her, and that the petitioner herself is dependent on her parents and further that she had taken a conscious decision to get her marriage annulled. It also took note of submissions from the husband that he had no objection to termination of pregnancy.
‘Reproductive choice fundamental right of a woman’
While allowing the woman’s plea for termination of pregnancy, the court referred to a Supreme Court judgment wherein it was held “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.”
“…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,” the bench said, adding that due to statutory bar in filing of the divorce plea the woman can’t be put in a disadvantageous position.