Madhya Pradesh High Court has approved the plea of a married woman to terminate her 16-week-old pregnancy, citing "irreconcilable" marital discord. The petitioner had filed a criminal complaint against her husband, accusing him of demanding dowry and subjecting her to cruelty. She argued that continuing with the pregnancy would negatively impact her physical and mental well-being.

Justice Subodh Abhyankar, presiding over the case as a Single Judge, granted the relief to the woman after considering her FIR against her husband and referring to a previous decision by the Supreme Court. The High Court found it appropriate to allow the petition, stating, "Considering the fact that the petitioner has already filed an FIR against her husband as aforesaid, and also relying upon the decision rendered by the Supreme Court, this Court finds it expedient to allow this petition and permit the petitioner to have her pregnancy medically terminated."

The petitioner, a 26-year-old married woman, approached the High Court seeking permission to terminate her pregnancy due to the filed FIR against her husband for dowry demands and cruelty. As her pregnancy was at 16 weeks, well within the 24-week limit defined by the Medical Termination of Pregnancy Act, 1971 (the MTP Act), she prayed for the termination.

The woman's case drew support from a landmark Supreme Court decision in X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Ors. In that ruling, the Supreme Court held that a woman has the right to terminate her pregnancy due to changes in her marital circumstances during an ongoing pregnancy.

The Court also referred to a judgment by the Kerala High Court in X v. Union of India & Ors., highlighting the absence of a provision in the MTP Act that necessitates a woman to obtain her husband's permission before seeking medical termination of pregnancy.

Considering the FIR lodged against the woman's husband and the legal position stated above, the High Court deemed it appropriate to grant her request for the termination of the pregnancy.

Case Title: XXX v. The State of Madhya Pradesh & Ors.
Case No.: Writ Petition No. 13893 of 2023

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