The High Court of Madhya Pradesh at Indore has allowed a woman to undergo a medical termination of pregnancy, following a matrimonial dispute. The petitioner had requested the abortion due to ongoing irreconcilable differences with her husband.

A single-judge bench, led by Justice Subodh Abhyankar, citing precedents set in X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr. (2022) and Palak Khanna v. State of M.P & Ors. (2023), emphasized the importance of a woman’s autonomy in pregnancy-related decisions.

The court stated that it would be unjust to compel the petitioner to continue with a pregnancy she does not desire, as it could significantly impact her future and that of her child.

The court noted that the woman had filed a First Information Report (FIR) on November 5, 2024, alleging cruelty by her husband and his family under Sections 85, 296, 115(2), 3(5), and 351(3) of the Bhartiya Nyaya Sanhita, 2023 (BNS).

During the last hearing on November 27, 2024, the court had instructed the Chief Medical and Health Officer (CMHO) of Dewas District Hospital to assess the petitioner’s medical suitability for termination.

On December 4, 2024, the state counsel informed the court that the medical board had deemed her fit for the procedure. The husband appeared in court, and the matter was referred to mediation, which ultimately failed, as confirmed by the mediator’s report dated December 7, 2024.

During the recent proceedings, the petitioner expressed her desire to terminate the pregnancy, citing emotional and practical concerns about her future and the potential impact on the child amidst the ongoing marital dispute. In contrast, her husband argued for reconciliation and opposed the termination.

Given the contentious circumstances of the matrimonial dispute, including allegations of domestic violence, the court ruled that compelling the petitioner to continue with the pregnancy would jeopardize her well-being and that of her child. Consequently, the court granted the petitioner’s request, directing the CMHO of Dewas District to facilitate the termination of the pregnancy.

The petitioner was instructed to appear before the CMHO to initiate the procedure.