A woman may terminate her pregnancy without her husband's consent if domestic circumstances warrant a change in marital status, pursuant to the provisions of the Medical Termination of Pregnancy Act.

JUDGMENT :

KULDEEP TIWARI, J.

1. Through the instant writ petition cast under Article 226 of the Constitution of India, the petitioner, a tricenarian married woman, craves for issuance of directions upon the official respondents to terminate her pregnancy, without her husband’s consent. The petitioner claims her pregnancy to be medically terminable on account of her pregnancy length not exceeding the period prescribed for termination in The Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the ‘Act of1971’).

GROUNDS CANVASSED IN THE WRIT PETITION FOR SECURING THE RELIEF OF PREGNANCY TERMINATION

2. The marriage of the petitioner was solemnized with one Lovish Batra on 22.08.2024, however, immediately thereafter, she was subjected to cruelty by her in-laws family on account of bringing less dowry. Moreover, the husband of the petitioner also maltreated her and he even brought a portable camera twice in their bedroom to secretly record their personal moments. Not only this, the business of the petitioner’s husband also closed down and he became dependent on the petitioner and her parents for day to day needs and expenditure.

3. Despite all the atrocities, the petitioner went on performing her matrimonial obligations and after approx. 1½ months of her marriage, the petitioner came to know about her pregnancy, whereupon, she informed about it to her husband and also informed him that their marital life has just begun and their financial condition is also not stable, therefore, she is not mentally prepared for the baby. However, in order to restrain the petitioner from aborting pregnancy by taking contraceptive measures within the requisite period, the husband of the petitioner orchestrated the scenario of love and affection towards her. However, the atrocities upon the petitioner did not pause and she was manhandled by her in-laws family, which resulted in hers suffering minor pain and mental trauma. Consequently, the petitioner had to depart from the company of her husband and had to come to her parents house. The petitioner also made a police complaint about the atrocities committed upon her. Moreover, owing to the atrocities (supra), the petitioner started bleeding on 03.12.2024, whereupon, she was taken to Iqbal Nursing Home by her parents. However owing to lack of proper treatment, the petitioner’s parents also took her to DMC Hospital, Ludhiana, where she remained admitted from 03.12.2024 to 06.12.2024. In the medical summary report (Annexure P-3) prepared at the time of petitioner’s discharge from hospital, it was specifically observed that the petitioner is under stress and a victim of domestic violence.

4. Citing the hereinabove extracted facts and circumstances, especially her soured matrimonial relationship and her decision to walk out of her marriage, the petitioner claims that she does not want to continue with her unwanted pregnancy as it would cause grave injury to her physical and mental health, therefore, permission be granted to medically terminate her unwanted pregnancy.

PROCEEDINGS BEFORE THIS COURT AND REPORT OF THE BOARD OF DOCTORS

5. This Court had passed the hereinafter extracted order on 08.01.2025 upon the instant writ petition.

“On the oral request of the learned counsel for the petitioner, the State of Punjab, through the Department of Health and Fa