Chandigarh, 15 January 2025- The Punjab and Haryana High Court has ruled that a woman living separately from her husband without legally obtaining a divorce is eligible for pregnancy termination.
The order was passed by Justice Kuldeep Tiwari while allowing a petition filed by a married woman in her thirties seeking termination of her pregnancy without her husband’s consent.
The petitioner argued that her pregnancy was medically terminable as it fell within the timeframe prescribed under the Medical Termination of Pregnancy Act, 1971. Through her counsel, she informed the court that her marriage took place in August 2024. However, soon after, she was subjected to cruelty by her in-laws over dowry and maltreated by her husband, who allegedly attempted to secretly record their personal moments in their bedroom using a portable camera.
She claimed that in spite of these difficulties, she carried out her marital responsibilities. She found out she was pregnant about a month and a half into the marriage, and she told her husband she wasn’t mentally ready for the baby. She suffered physical and psychological trauma as a result of her in-laws’ alleged abuse, which persisted.
Punjab & Haryana high court allowed woman living separately from husband without legal divorce to terminate her pregnancy
Citing the observation of a co-ordinate bench, the court stated that “a woman is likely to experience significant physical and emotional challenges when forced into an unwanted pregnancy. Managing the consequences that result from such a pregnancy, even after giving birth, adds to the petitioner’s burden and limits her capacity to take advantage of other opportunities in life, like finding work and supporting her family.”
Referring to a Supreme Court judgment, Justice Tiwari concluded that while the petitioner did not fall within the category of a “widow or divorcee,” her decision to live separately from her husband without a legal divorce made her eligible for pregnancy termination.
“The petitioner, who has a pregnancy length of approximately 18 weeks and five days as of today, is eligible for medical termination of her unwanted pregnancy,” the court ruled, allowing the petition.
