Jammu & Kashmir and Ladakh High Court Stays FIR Over Pregnancy Termination Without Husband Consent

In a significant interim order, the High Court of Jammu & Kashmir and Ladakh has stayed the investigation into an FIR registered against a woman and her sister for allegedly terminating a pregnancy without the husband’s consent. The court observed that the police should have exercised "circumspection and restraint" before registering the case.

A Dispute Over Consent and Abetment

The petition was filed by Shazia Kouser and her sister under Section 528 of the Bharatiya Nyaya Sanhita (BNS), 2023, seeking quashing of FIR No. 0072/2026 registered at Police Station Manjakote. The complainant, Guftar Ahmed, is the husband of petitioner No. 1. He alleged that his wife terminated a 4-5 month pregnancy without his consent, thereby committing offences under Sections 126(2), 88, 351(2), 352, and 3(5) of the BNS. The petitioner No. 2 was arraigned as an abettor.

Same-Day Registration Under Scrutiny

Justice Rahul Bharti noted that the FIR was registered on the very same day the complaint was made, leaving no time for the Station House Officer (SHO) to examine the nature of the allegations. The court questioned whether the police had exercised the required circumspection.

"Do Not Inspire Confidence"

The court made a pivotal observation on the credibility of the complaint:

"The tone and tenor of the contents of the FIR on the face of it do not inspire confidence about the narrative being set up by the respondent No. 3 against the petitioner No. 1."

This remark underscored the court’s prima facie view that the allegations appeared suspect.

Reliance on Supreme Court Precedents

Learned counsel for the petitioners, Mr. Irfan Khan, drew the court’s attention to the Supreme Court judgments in Neethu A.M. vs State of Kerala and A (Mother of X) vs State of Maharashtra & Anr. , which have addressed similar issues of marital rights and bodily autonomy. The court found a prima facie case for intervention.

Interim Relief Granted

The court issued notice to the respondents and, in the meantime, stayed the investigation in the FIR, subject to objections. The matter is listed for further hearing on October 23, 2026. The order provides immediate relief to the petitioners while the legal questions are examined in greater depth.

This ruling adds to the evolving jurisprudence on the limits of marital authority and the rights of women over their own bodies, particularly in the context of pregnancy termination.