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2024 Supreme(Online)(DEL) 32098

HIGH COURT OF DELHI
SUBRAMONIUM PRASAD, J
R – Appellant
Versus
THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Dr. Amit Mishra, Mr. Amit Rana
For the Respondents: Mr. Bhagvan Swarup Shukla, CGSC, Mr. Sarvan Kumar, Ms. Mehak Nakra, ASC (C) for GNCTD, Mr. Abhishek Khari, Ms. Disha Chaudhry

Table of Content
1. petitioner seeks termination under mtp act. (Para 1 , 2)
2. petitioner suffers from significant mental health issues. (Para 3 , 4 , 5 , 9)
3. significance of change in marital status. (Para 8)
4. court supports reproductive autonomy. (Para 10 , 12)

JUDGMENT (ORAL)

1. Petitioner has approached this Court for a direction to the Respondents to permit medical termination of the ongoing pregnancy of the Petitioner under the Medical Termination of Pregnancy Act, 1971 and the Medical Termination of Pregnancy Rules, 2003 .

2. The facts of the case reveal that the Petitioner got married on 26.02.2023. It is stated that the husband of the Petitioner passed away on 19.10.2023. It is stated that the Petitioner came back to her parents’ house and when the Petitioner went for an ultrasound on 31.10.2023 it was found that the Petitioner is 20 weeks pregnant. It is stated that in December, the Petitioner decided not to continue the ongoing pregnancy and approached the doctors for medical termination of her pregnancy. Since the gestation period of the Petitioner was over 24 weeks, the Petitioner was not allowed to medically terminate her pregnancy. The Petitioner has, thereafter, appr

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