A woman seeking a divorce appeared virtually before the Supreme Court to request the medical termination of her pregnancy of over six months due to conflict with her spouse and in-laws. Her husband strongly objected to the petition, asserting his parental rights over the unborn child and offering to take full custody after delivery. The bench subsequently denied the plea, contrasting marital friction with standard statutory exceptions like rape or fetal defects. The decision underscores that marital discord alone does not warrant the termination of a viable pregnancy when a willing parent offers full postnatal care.
Key points
Marital discord and disputes with in-laws do not serve as sufficient legal grounds to ter…: Marital discord and disputes with in-laws do not serve as sufficient legal grounds to terminate an advanced pregnancy.
The court distinguished domestic disputes from legal abortion exceptions such as sexual a…: The court distinguished domestic disputes from legal abortion exceptions such as sexual assault, rape, or documented fetal abnormalities.
Paternal rights and the father's willingness to care for the infant post-birth were signi…: Paternal rights and the father's willingness to care for the infant post-birth were significant factors in the court's refusal.
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The woman's husband opposed the termination, arguing that he too had a right over the unborn child.
NEW DELHI: The Supreme Court on Wednesday refused to allow a woman's plea for medical termination of her pregnancy which was over six months along citing marital discord with her husband.The case came before a bench of Justices B V Nagarathna and R Mahadevan, which had expressed concern over the request during an earlier hearing on Monday.The woman's husband opposed the termination, arguing that he too had a right over the unborn child and was willing to take care of the baby after birth.The bench said the case was different from those involving rape, sexual assault or foetal abnormalities, where termination may be permitted under the law.It questioned whether marital discord or alleged mistreatment by a husband and in-laws could, by itself, be grounds for ending an advanced pregnancy.“It is normal that wife talks against husband and husband talks against wife but it does not mean that you have to terminate the pregnancy on that ground. It is not a case of sexual…
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