Justice Kuldeep Tiwari, Punjab and Haryana High Court
Wife Living Separately Without A Divorce Does Not Require Husband’s Consent To Terminate Pregnancy: Punjab & Haryana HC
|The Punjab and Haryana High Court allowed a married woman to terminate her 18-week pregnancy based on ‘change of marital status.’
The Punjab and Haryana High Court has held that a wife living separately from her husband, without legally obtaining a divorce, can terminate her pregnancy without the husband’s consent.
The Court allowed a tricenarian married woman to terminate her 18-week pregnancy without her husband’s consent based on ‘change of marital status’ under Rule 3(B) of the Medical Termination of Pregnancy Rules, 2003 (Rules).
A Single Bench of Justice Kuldeep Tiwari remarked, “Therefore, the petitioner, who has a pregnancy length of approx. 18 weeks and 05 days as on today, is eligible for medical termination of her unwanted pregnancy. Consequently, the instant petition is allowed.”
Advocate Ketan Chopra represented the Petitioner, while DAG Pardeep Bajaj appeared for the Respondents.
Brief Facts
The Petitioner alleged cruelty and domestic violence at the hands of her husband and in-laws. She alleged that her husband secretly recorded personal moments and became financially dependent on her after his business closed down. She also alleged that the atrocities by her in-laws did not stop even after her pregnancy which resulted in her suffering minor pain and mental trauma. Consequently, the Petitioner had to depart from her husband's company.
It was also submitted that upon discovering her pregnancy approximately 1.5 months after marriage, the Petitioner had even expressed her unwillingness to continue the pregnancy as their financial condition was not stable. However, the husband restrained her from aborting the pregnancy by taking contraceptive measures.
Medical Board’s Evaluation
The Bench had to determine if a wife who had departed from the company of her husband on account of domestic violence but was not legally divorced, was eligible for termination of pregnancy without the consent of her husband on the basis of ‘change of marital status’ under Rule 3(B) of the Medical Termination of Pregnancy Rules, 2003 (Rules).
The Court directed the constitution of a Board of Doctors to evaluate the Petitioner’s health and gestational age. The Board reported that the pregnancy was at 18 weeks and could be medically terminated under the Medical Termination of Pregnancy Act, 1971 (MTP Act), and its 2021 Amendment.
The Board found no psychopathology in the Petitioner and concluded that the termination was permissible.
Interpretation of ‘Change of Marital Status’
The Court Referred to the Supreme Court’s decision in X v. Principal Secretary, Health and Family Welfare Department, wherein it was held that the expression “change of marital status” should be given a purposive rather than a restrictive interpretation. The expressions “widowhood and divorce” need not be construed as exhaustive of the preceding category.
The Bench explained that the Supreme Court in Principal Secretary (supra) also held that the words “widowhood and divorce” mentioned in brackets at the tail end of Rule 3B(c) of the Rules did not hinder the interpretation of the rule because they are illustrative. The change in material circumstances when a woman is abandoned by her family or her partner was also recognised.
Court’s Decision
Giving a purposive interpretation to the expression “change of marital status”, the Court held that “although the petitioner does not fall within the purview of widow or divorcee, however, since she has decided to live separately from the company of her husband without legally obtaining divorce, hence she is eligible for termination of pregnancy.”
Accordingly, the High Court allowed the Petition.
Cause Title: A v. Fortis Hospital Mohali & Ors. (Neutral Citation: 2025:PHHC:003140)