ORDER :

SANDEEP N. BHATT, J.

1. Heard learned counsel for the petitioner on admission.

2. Present petition has been filed by the petitioner under Article 226 of the Constitution of India for seeking following reliefs :

(i) Issue an appropriate writ, order or direction permitting the Petitioner to undergo medical termination of her pregnancy, presently of approximately 13 weeks, through a Registered Medical Practitioner at any Government Hospital or recognized Private Hospital in accordance with Section 3(2) of the Medical Termination of Pregnancy Act, 1971 read with Rule 3B of the Medical Termination of Pregnancy Rules, 2003;

(ii) Direct the Respondents/concerned medical authorities to immediately constitute, if deemed necessary, an appropriate Medical Board for examination of the Petitioner and for assessing.

iii) Whether it is safe for the petitioner to undergo the procedure for medical termination of pregnancy.

iv) To pass such other or further order(s), direction(s) or relief(s) as this Hon’ble Court may deem fit, proper and expedient in the facts and circumstances of the present case, in the interest of justice.

3. The peculiar facts and circumstances of the present case is that the mother, who is carrying fetus of 13 weeks and 1 day at the time of filing present petition is before this Court by praying that she be permitted to terminate her pregnancy as she was married with respondent no. 3/Ajay Verma and thereafter, they have decided to file proceeding for divorce. It is also stated at bar that in view of some criminal proceeding, compromise is taken place between the respondent no. 3 / husband and wife and at the relevant point of time, the husband as well as wife, both are agreed for divorce, that too in presence of police at the police station. It is also stated at bar that thereafter, husband has not shown any willingness for divorce and the petitioner being wife, who is carrying fetus of more than 13 weeks is praying to grant permission to terminate the pregnancy on the ground that continuation of present pregnancy will subject the petitioner to grey out mental trauma, insecurity and also potential threats to her mental as well as physical well being and also it will cause emotional suffering to her and therefore, the present petition is filed by making prayer as prayed in the petition.

4. Learned counsel for the petitioner has submitted that at present, pregnancy of the petitioner is within the permissible statutory limit prescribed under section 3(2) of the Medical Termination of Pregnancy Act, 1971 and the petitioner is legally entitled to seek termination of pregnancy through registered medical practitioner in accordance with law. It is further submitted that Rule 3 B of the Medical Termination of Pregnancy Rules, 2003 specifically recognizes women undergoing change in marital status including separation on the basis involving domestic violence as eligible category for termination of pregnancy upto the prescribed statutory provision.

5. He has also submitted that in view of the fact that the petitioner is presently residing separately at the parental home and has decided not to continue the matrimonial relationship with her husband with intent to seek divorce proceeding in accordance with law, therefore, compelling the petitioner to continue with the pregnancy would seriously prejudice her future for supply of mental stability and social-economic status, therefore, he prays for grant of relief, though it is not mandatory to seek from the High Court in view of the specific provision under section 3 of the Act. In view of the facts and circumstances of the case, as the husband is also party, who may raise any object