The Punjab & Haryana High Court has ruled that a woman living separately from her husband, without obtaining a divorce, is permitted to terminate her pregnancy without her husband's consent under the Medical Termination of Pregnancy (MTP) Act.

Justice Kuldeep Tiwari, delivering the judgment, referenced the Supreme Court’s interpretation of Rule 3B(c) of the MTP Rules, 2003, in X v. Principal Secretary, Health and Family Welfare Department & Anr. The case involved a woman who sought permission to terminate her pregnancy, which had exceeded 18 weeks and 5 days as of January 11.

She accused her husband of domestic violence, cruelty related to dowry, and maltreatment, including attempts to record her intimate moments with a hidden camera. Unable to continue living under these conditions, the petitioner began living separately.

She argued that continuing the pregnancy would severely impact her physical and mental health.

The central issue before the court was whether, in light of the woman’s separation from her husband due to domestic violence but without a formal divorce, she could terminate her pregnancy without her husband's consent based on a change in her marital status.

The court interpreted the term "change of marital status" in a broad, purposive manner, noting that it does not only cover widowhood or divorce. Since the petitioner had chosen to live apart from her husband, the court concluded that she was eligible for an abortion despite not being legally divorced.

The court also referred to the MTP Amendment Act, 2021, which recognizes that a pregnancy resulting from contraceptive failure may cause significant mental distress. It reiterated the importance of reproductive autonomy, referencing the Suchita Srivastava v. Chandigarh Administration case, where the court affirmed the constitutional right of women to make reproductive choices under Article 21 of the Constitution.

The court further emphasized the physical and emotional toll of an unwanted pregnancy, citing the Amandeep Kaur v. The Postgraduate Institute of Medical Education and Research case. The judgment highlighted that forcing a woman to carry an unwanted pregnancy can disrupt her education, career, and overall well-being.

In granting the petitioner’s request, the court instructed her to approach the Chief Medical Officer (CMO) within three days to expedite the medical termination of the pregnancy in accordance with the MTP Act and Rules.

Cause Title: XXX v. Fortis Hospital, Mohali and Others

Appearances: Advocate Ketan Chopra for the petitioner; Deputy Advocate General, Punjab, Pardeep Bajaj, for the State.