Delhi High Court Grants Permission for Divorce-Seeking Woman to Terminate Pregnancy In a significant ruling, the Delhi High Court has granted permission to a woman who is living separately from her husband and seeking a divorce to terminate her 23-week pregnancy.

Justice Subramonium Prasad took this decision after considering the opinion of a medical board from the All India Institute of Medical Sciences (AIIMS), which confirmed the normal condition of the fetus and deemed it safe to terminate the pregnancy.

This decision followed the court’s directive to AIIMS to form a medical board to assess the woman’s situation and evaluate the safety of her pregnancy termination. The woman, in her plea, expressed her desire to end the pregnancy, emphasizing her unwillingness to continue living with her husband. She described the difficulty of making this choice, given the circumstances. Meanwhile, the husband, who was present in court, expressed his wish to reconcile and continue the relationship, but his efforts proved unsuccessful.

The case revolved around a 31-year-old woman who got married in June and discovered her pregnancy just a month later. She alleged that she had been subjected to various forms of abuse, including verbal, physical, mental, and emotional, right from the early stages of her marriage. She stated that her husband physically assaulted her for the first time in July, and the second incident occurred in August when she was three months pregnant.

Since August, the woman had been residing in her parental home and had no intention of proceeding with the pregnancy. Previously, the court had acknowledged the Supreme Court’s decision in X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another, which affirmed a woman’s prerogative to assess her life and make the best decision based on changing circumstances.

The Supreme Court had recognized that a change in material circumstances might arise when a woman separates from her partner, especially when she no longer possesses the financial means to raise a child. The court had referred to Rule 3B(c) of the MTP Rules, which permits a woman to terminate her pregnancy up to 24 weeks in cases of domestic violence, including those resulting from a change in marital status during an ongoing pregnancy. As part of the court’s proceedings, the woman’s husband was made a party to the case and was duly served notice.

This ruling by the Delhi High Court underscores the importance of a woman’s autonomy and her right to make critical decisions about her life and well-being.

The court’s recognition of the impact of domestic violence on a woman’s choices regarding pregnancy termination further emphasizes the need to provide support and protection to those facing such difficult circumstances. The decision is expected to set a precedent for similar cases and highlights the evolving legal landscape concerning women’s reproductive rights and personal agency in India.

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