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2023 Supreme(MP) 245

SUBODH ABHYANKAR
Palak Khanna – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
Akash Sharma for petitioner; Vaibhav Bhagwat, Government Advocate, for respondents/State.

ORDER

1. This writ petition has been filed by the petitioner, aged 26 years, a married woman under Article 226 of the Constitution of India, for termination of her pregnancy on the ground that she has already lodged an FIR against her husband under section 498-A, 294, 323 of I.P.C. and section 3/4 of Dowry Prohibition Act, 1961 on 15.6.2023, alleging demand of dowry and assault by her husband. At the time of lodging of the said FIR, as the petitioner was already carrying a pregnancy of 16 weeks, and according to her, she cannot continue with her marriage any more, and wants to terminate her pregnancy which is well below 24 weeks as provided under the Medical Termination of Pregnancy Act, 1971 (for short “MTP Act”), she may be allowed to have her pregnancy terminated.

2. Shri Akash Sharma, learned counsel for the petitioner, in support of his submissions has also relied upon the decision rendered by the Supreme Court in the case of X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and others reported as AIR 2022 SC 4917 in which, the Supreme Court has already laid down that a woman is entitled to get her pregnancy terminated on account of change i

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