The Chhattisgarh High Court in the case XYZ v. State of Chhattisgarh & Ors observed and has dismissed the plea filed by a married woman wherein seeking medical termination of her pregnancy which being only on the ground that the marital relationship which is between her husband and herself has got strained after she conceived out of the relationship.
The single bench headed by Bench of Justice P. Sam Koshy in the case observed that the said court starts entertaining such pleas filed seeking for medical termination of pregnancy on grounds as have been claimed in the present Writ Petition, which being for the very purpose and object for the enactment of the said Act of 1971 would get defeated. Thus, the court denied the relief to the petitioner prayed in the plea.
In the present case, the petitioner being the 29-year-old, got married in 2022 and it has also been admitted to have conceived from her marital relationship.
However, the couple decided as the relationships between the couple did not work well, the lady decided to end her pregnancy.
Further, she in the case approached the High Court wherein seeking an order for termination of her pregnancy under the Medical Termination of Pregnancy Act, 1971.
The court in the case observed and has held that the petitioner did not conceive as a result of any sex-crime committed upon her. Thus, she being the married woman who does not also claim that she was impregnated by any person other than her husband.
Further, the court stated that the petitioner was unable to make out a case wherein seeking the permission for medical termination of pregnancy on the grounds which are otherwise provided under Section 3(2)(a) & (b) of the aforesaid Act.
The court stated that the medical practitioners in the case is restrained from carrying out abortion unless until the situation gravely requires the pregnant lady to undergo abortion. Therefore, that too being only on the advice of a qualified medical practitioner who upon medically examining the pregnant lady, reaches to the conclusion that there is an apparent danger to the life or risk to the physical and mental health of the pregnant lady or there could also be the situation wherein there being the substantial risk that the child if born would suffer from serious deformities and diseases.
Adding to it, the court stated that since the none of the grounds under the Act were made out and particularly, as she being the married lady and conceived through her husband, the Court did not accord the permission for termination of pregnancy only on the ground that the relationship between the couple has got strained.
Accordingly, the court dismissed the writ plea.
The counsel, Advocate, Mr. Ritesh Verma appeared for the petitioner.
The counsel, Advocate, Mr. Pawan Kesharwani represented the respondent.