In a notable decision, the Punjab and Haryana High Court has granted permission for a 28-week pregnant woman to terminate her pregnancy, even though she has not yet filed for divorce. Justice Vinod S. Bhardwaj, who authored the ruling, emphasized that the woman’s situation should not disadvantage her simply because she is waiting to file for divorce due to the mandatory waiting period. The judge highlighted that her circumstances are comparable to those of a woman who has already secured a divorce.
The case involves a woman from Mohali who married in January 2024. She became pregnant soon after, but her husband and his family began to harass her over dowry issues. On May 1, her husband left her at her parental home and departed for Dubai without informing her or her family, leaving no means of contact. He reportedly indicated that if a female child were born, her family should bear all expenses, and he would not take her back.
The woman planned to initiate divorce proceedings after the statutory one-year waiting period. However, given her abandonment and the serious implications of having a child under her current circumstances, she sought permission to terminate the pregnancy.
During the court-ordered mediation and counseling, the woman reiterated her request. Doctors had previously advised against the abortion, citing the 24-week limit set by the Medical Termination of Pregnancy Act of 1971. The husband’s family expressed willingness to take her back and had no objections to the abortion. They also offered to take responsibility for the child if she chose to give birth.
The court considered the woman’s claims of abandonment and her dependency on her parents. It also acknowledged the husband’s lack of objection to the termination. In its ruling, the court referenced a Supreme Court judgment affirming that a woman’s right to reproductive choice is a fundamental part of her personal liberty under Article 21 of the Indian Constitution. The ruling stressed that changes in marital status during pregnancy should not place a woman at a disadvantage due to legal constraints.
The bench concluded that the woman’s right to terminate her pregnancy should be upheld despite her pending divorce.
