Apex court junks woman's plea to end 26-wk pregnancy amid marital discord
New Delhi, Nov. 5 -- The Supreme Court on Wednesday rejected a married woman's plea to terminate her nearly 26-week pregnancy, holding that a consensual pregnancy within a subsisting marriage cannot be terminated merely because the couple developed differences after conception, while underlining that reproductive autonomy must be considered in the context of the facts of each case.
A bench of justices BV Nagarathna and R Mahadevan said there was a vital distinction between cases involving minors, rape survivors or women covered by statutory exceptions under the Medical Termination of Pregnancy (MTP) Act and a case where a couple had consensually conceived a child during marriage but subsequently fell out over marital differences. "We are not inclined to permit her...here is a marriage, a consensual relationship and conceiving of a child...differences of opinion can occur at any time," said the bench, adding that it was not creating any right in favour of the husband but questioning whether a wife could unilaterally terminate a consensual pregnancy merely because she had differences with her spouse. "Why should she not have the child just because she has a problem with her husband?" asked the court, dismissing the woman's petition.
The court's decision came despite the woman maintaining she was unwilling to continue the pregnancy and did not wish to resume the marriage. She had earlier alleged mental harassment and humiliation by her husband. The husband said he had attempted reconciliation but the woman had made it conditional on his agreeing to the termination. He had filed an affidavit on November 2 tendering an unconditional apology.
The bench, however, noted the pregnancy was consensual and had crossed the 24-week statutory limit under MTP law....
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