Punjab & Haryana HC: Wife Living Separately Without Divorce Can Terminate Pregnancy Without Husband's Consent
Pranav B Prem
In a progressive ruling, the Punjab and Haryana High Court allowed a married woman to terminate her 18-week pregnancy without her husband’s consent, emphasizing her autonomy and reproductive rights. The judgment, delivered by Justice Kuldeep Tiwari, interpreted “change of marital status” under Rule 3(B) of the Medical Termination of Pregnancy Rules, 2003 (MTP Rules), to include women living separately without a formal divorce.
Case Background
The petitioner, a 32-year-old woman, alleged sustained domestic violence and cruelty by her husband and in-laws shortly after their marriage in August 2024. She accused her husband of secretly recording their private moments and becoming financially dependent on her after his business failed. Despite her protests, he compelled her to continue the pregnancy, citing their unstable financial condition. The petitioner eventually left her husband and sought permission to terminate her pregnancy, citing physical and mental trauma.
Court Proceedings and Findings
The court directed the constitution of a Medical Board to assess the petitioner’s health and gestational age. The Board confirmed the pregnancy was at 18 weeks and medically terminable under the Medical Termination of Pregnancy Act, 1971, as amended in 2021. It also noted the petitioner showed no signs of psychological illness.
Justice Tiwari referred to the Supreme Court's landmark decision in X v. Principal Secretary, Health and Family Welfare Department, which advocated a purposive interpretation of “change of marital status” to include situations like separation, abandonment, or other material changes in circumstances. The judgment highlighted that the term "widowhood and divorce" in Rule 3(B)(c) of the MTP Rules is illustrative and not exhaustive.
Autonomy and Reproductive Rights
The court highlighted that a woman’s right to make decisions regarding her pregnancy is rooted in constitutional guarantees of privacy, dignity, and autonomy under Article 21.Citing the Supreme Court's decision in K.S. Puttaswamy v. Union of India, Justice Tiwari reiterated that the right to bodily integrity and reproductive autonomy enables individuals to make critical decisions about their bodies without interference.
Verdict
Giving a broad and purposive interpretation to Rule 3(B) of the MTP Rules, the court concluded: "Although the petitioner does not fall within the purview of ‘widow or divorcee,’ her decision to live separately from her husband without a formal divorce qualifies as a ‘change of marital status.’ She is, therefore, eligible for the termination of her pregnancy." The court allowed the petition and directed the petitioner to approach the Chief Medical Officer for immediate termination of her pregnancy.
Cause Title: A v. Fortis Hospital Mohali & Ors.
Citation: 2025:PHHC:003140
Date: January-13-2025
Bench: Justice Kuldeep Tiwari
[Read/Download order]
