The Delhi High Court in the case Mrs B. v. The Union Of India And Anr observed and has permitted the woman living separately from her husband and desirous of taking divorce to terminate her 23 weeks pregnancy.
The bench headed by Justice Subramonium Prasad in the case observed and took note of the opinion given by the medical board of All India Institute of Medical Sciences, AIIMS wherein it is stated that the foetus was normal and that it being safe to terminate the said pregnancy.
The same came after it has been directed by the court to constitute a medical board to examine the woman’s condition and to consider if it would be safe for her to undergo the medical termination of the pregnancy. The woman in the matter informed the court that she had no desire of living with her husband and that it was tough for her to take the decision to terminate the pregnancy of her.
On the other hand, it was also submitted by the man that he wishes to live with her and tried to reconcile the situation but failed. In the present case, the court was dealing with the petition moved by the 31-year-old woman who got married in June and came to know that she was carrying a single intrauterine pregnancy after a month.
Therefore, it being the case of her case that right from the early stages of marriage, she was being tortured, abused verbally, physically, mentally, and emotionally by her husband at her matrimonial home. Thus, it has been alleged by the women befor ethe court that husband committed physical assault on her for the first time in July and the second instance took place in August, when she was 3 months pregnant.
Therefore, the woman has been living in her parental home and she did not want to continue with her pregnancy. The court also noted the decision taken by the court in the case Supreme Court in X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another, thus, the ratio being that it is the prerogative of each woman to evaluate her life and arrive at the best course of action in view of the change in material circumstance.
The Apex Court in the case observed and is of the opinion that change in material circumstance may result when the woman separates from her partner and she may no longer have the financial resources in order to raise the child.
Further, the Apex Court in the case has included the cases of domestic violence perpetrated on a woman under Rule 3B(c) of the MTP Rules wherein a woman is permitted to terminate her pregnancy up to 24 weeks on the ground of the change of marital status during the ongoing pregnancy.
Accordingly, the court issued the notice and has ordered that the woman’s husband be impleaded.
