Chandigarh, January 15:
The Punjab and Haryana High Court has ruled that a woman who is living separately from her husband, without having formally divorced, has the right to terminate her pregnancy without needing her husband’s consent under the Medical Termination of Pregnancy (MTP) Act.
Justice Kuldeep Tiwari, while referring to the MTP Act and the 2003 MTP Rules, highlighted that the term “change in marital status” could be interpreted more broadly. This interpretation allows a woman who has chosen to live separately from her husband, even without a legal divorce, to be eligible for an abortion. The court concluded that she could proceed with the medical termination of her pregnancy, even though it was beyond 18 weeks.
The ruling came after a petition was filed by the woman requesting permission to terminate her pregnancy. She claimed that due to the cruelty and abuse faced in her marital home, she had decided to live separately from her husband. Her lawyer argued that the continuation of the pregnancy would severely impact her physical and mental well-being.
The court examined the circumstances and concluded that in cases where a woman is facing domestic violence and has separated from her spouse, she could still be entitled to terminate her pregnancy, even without legal divorce, based on a change in marital status.
In this case, the woman, who had been living separately due to domestic violence, argued that continuing with the unwanted pregnancy would harm her health and personal life. After reviewing the facts, the court granted permission for her to terminate the pregnancy and instructed her to contact the Chief Medical Officer within three days for further medical procedures as per the law.
The ruling is seen as a progressive step in recognizing the rights of women facing domestic violence and unwanted pregnancies, providing them with legal recourse under the MTP Act.
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