The Madhya Pradesh High Court has allowed a woman allegedly suffering domestic violence at the hands of her husband to terminate pregnancy observing that it is not proper to force her to continue pregnancy in such cirmcustances.

The Court was considering a Writ Petition filed by a woman seeking termination of pregnancy on account of a matrimonial dispute arose with her husband.

The single-bench of Justice Subodh Abhyankar observed, ".....on account of the petitioner’s dispute with her husband which has already led her to file FIR at Crime No.875/24 alleging domestic violence, it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child."

The Petitioner was represented by Advocate Rishi Anand Choukse while the Respondent was represented by Government Advocate Bhagyashree Gupta.

The Petitioner had lodged an FIR under Sections 85,296,115(2),3(5) and 351(3) of Bhartiya Nyaya Sanhita, 2023 alleging cruelty by her husband and his family members. The Court had directed the Chief Medical and Health Officer to ascertain if the pregnancy of the petitioner can be terminated and it was informed that the Medical Board found the Petitioner to be fit for the same.

The Mediator also explored the possibility of the settlement between the parties which eventually failed. The Court again inquired if there is any possibility of settlement between them as the petitioner was seeking termination of her pregnancy on account of matrimonial dispute only. However, she categorically stated that she does not wish to continue with her pregnancy as she is already having serious differences with her husband, and as a result of which she has also lodged the FIR, and in case the pregnancy is not terminated at this stage only, she would suffered irreparably for the rest of her life as the future of her child would be also jeoparadised on account of dispute between her and her husband.

On the other hand, the husband submitted that there is no such dispute which cannot be settled between them and has stated that he wish to continue with the pregnancy of his wife. The Court was inclined to grant to the relief having considered the rival submissions and on perusal of the documents filed on record, and also taking note of the decision rendered by the Supreme Court in the case of X Vs. Principal Secretary Health and Family Welfare Department Govt. of NCT of Delhi and another.

The Petition was accordingly allowed.

Cause Title: Ranjana Verma vs. State of M.P & Others

Appearances:

Petitioner- Advocate Rishi Anand Choukse

Respondent- Government Advocate Bhagyashree Gupta, Advocate M.S.Solanki, Advocate Archana Maheshwari

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Madhya Pradesh High CourtJustice Subodh Abhyankar

Sheetal Joon