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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VINOD S.BHARDWAJ
Sandeep Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Vinod S. Bhardwaj, J. (Oral)
The petitioner has approached this Court for seeking termination of pregnancy as per the provisions of the Medical Termination of Pregnancy Act, 1971.
2. Learned counsel for the petitioner argues that the marriage of the petitioner was solemnized with respondent No.7 on 27.01.2024 as per Sikh rites by performing Anand Karaj. Respondents No.7 to 9, however, were not happy with the dowry given at the time of marriage and started taunting and harassing the petitioner for bringing less dowry. In January 2024, the petitioner became pregnant from respondent No.7 (husband of the petitioner) who is currently working in Dubai, however, respondent No.7 abandoned the petitioner at her parental house stating that family of the petitioner should bear all the expenses pertaining to delivery and in case a female child is born, he would not take the petitioner back to her matrimonial home. Respondent No.7 thereafter left for Dubai on 01.05.2024 without informing the petitioner or her family members about his departure. The address of respondent No.7 at Dubai is claimed to be not known to the petitioner. Ever since then, the respondent No.7 has not made any atte
The court affirmed a woman's right to terminate a pregnancy under the MTP Act, considering her personal circumstances and autonomy, even when statutory limits are exceeded.
The interpretation of 'change of marital status' in medical termination of pregnancy law encompasses situations of separation due to domestic abuse, ensuring autonomy and health of women.
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.
The court emphasized the balance between a woman's autonomy in reproductive choices and the medical risks associated with advanced pregnancy, directing a re-examination by a different Medical Board.
Mental health risks of the petitioner justified the medical termination of pregnancy beyond the statutory limit, emphasizing the court's recognition of bodily autonomy.
The court affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.
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