J&K&L High Court Stays Investigation Into FIR Against Wife For Terminating Pregnancy Without Husband’s Consent
The Husband complained that his wife terminated 4-5 months of pregnancy without his consent.
Justice Rahul Bharti, Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has stayed the investigation into an FIR registered against a woman and her sister over allegations by her husband concerning termination of her pregnancy.
A Bench of Justice Rahul Bharti observed, “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.”
The FIR was registered at the instance of respondent No. 3, alleging commission of offences under Sections 126(2), 88, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Petitioner No. 1 is the wife of respondent No. 3. The Court noted that the respondent husband visited the Police Station and got the FIR registered on the same date.
The allegations, as recorded in the order, were that the petitioner No. 1 had terminated 4-5 months of pregnancy, which was conceived from him, without his consent, and had thereby allegedly committed offences, in particular the offence under Section 88 of the BNS.
The petitioner No. 2, who is the sister of petitioner No. 1, was arrayed as an abettor.
Advocate Irfan Khan appeared for the petitioners and Advocate Nazia Fazal appeared for the respondents.
Counsel for the petitioners referred the Court to the Supreme Court judgments in Neethu A.M. Vs State of Kerala and A (Mother of X) Vs State of Maharashtra & Anr.
Finding that a “prima facie case” was made out, the Court issued notice to the respondents in the main petition as well as in the connected application.
Assisting counsel to Government Advocate accepted notice on behalf of respondent Nos. 1 and 2. Notice to respondent No. 3 is to be served through the SHO, Police Station Manjakote.
The matter has been listed for October 23, 2026.
The High Court directed that “investigation in the FIR No. 0072 dated 18.08.2026 shall remain stayed.”
Cause Title: Shazia Kouser & Anr. v. UT of J&K & Ors.