Delhi HC Allows 32-Year-Old Woman to End 23-Week Pregnancy After She Alleged Assault by Husband

The Delhi High Court on Thursday permitted a 32-year-old woman to terminate her 23 weeks’ pregnancy after perusing AIIMS opinion.

The petitioner stated to the court that she does not intent to go back to her husband and go through the pregnancy and bear the child.

At the outset of the hearing, the counsel had informed the court that, as per the report, the mother and the foetus are healthy. Therefore, termination of pregnancy is not unsafe. “But what law requires is either threat to life of mother or her mental health”, she submitted.

The bench of Justice Subromonium Prasad noted that as of today, the pregnancy is 23 weeks and four days.

“In the present circumstances, it is not possible for her to go through the pregnancy and bring up the child,” the court noted. “Though the husband of the petitioner states that efforts were made to reconcile.”

The court said as the petitioner does not want to live with the child, the termination is permitted.

Notably, the court on October 16 ordered AIIMS to set up a board to examine if a 22-week pregnant woman can safely undergo termination of pregnancy.

The court had said the opinion of a medical board would be necessary for consideration as to whether it would be safe for the woman to undergo the procedure for termination of pregnancy by a registered medical practitioner and also ascertain the conditions of the foetus.

The petitioner in June came to know about carrying a single intrauterine pregnancy. The woman had alleged that she was being tortured, abused verbally, physically, mentally and emotionally by her husband at her matrimonial home.

She said her husband physically assaulted her for the first time on July 7 and again in August when she was three months’ pregnant. After the assault, she decided to separate from her husband and take divorce, therefore, not wanting to continue with the pregnancy.

The court had pointed out that the woman had not filed any FIR against her husband nor any divorce nor approached any court under the Domestic Violence Act.

“However, the ratio of the Apex Court is 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 was of the opinion that change in material circumstance may result when a woman separates from her partner and she may no longer have the financial resources to raise the child. The Apex Court 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 change of marital status during the ongoing pregnancy,” the court had said.