Circumstances For Woman Who Succeeded In Divorce Is No Different From The One Awaiting A Divorce: Punjab & Haryana HC Allows Women Awaiting Divorce To Terminate 28 Week Pregnancy
The Punjab and Haryana High Court allowed a woman who is awaiting divorce, to terminate her 28-week pregnancy while noting that circumstances which exist for a woman who succeeded in divorce are no different from a woman who is awaiting a divorce.
The Court said that the woman is mentally and psychologically already at a level where marital status is determined to change but for the statutory bar.
The Court was hearing a Civil Writ Petition seeking termination of pregnancy as per the provisions of the Medical Termination of Pregnancy Act, 1971.
The bench of Justice Vinod S. Bhardwaj observed, “…A circumstance where a woman is restrained from institution of a petition for divorce due to minimum waiting period, but has become pregnant and has decided to seek annulment of her marriage, cannot be a ground to put her to a disadvantageous position. She is mentally and psychologically already at a level where marital status is determined to change, but for the statutory bar. The circumstances which exist for a woman who succeeded in divorce is no different from a woman who is awaiting a divorce.”
Advocate Sukhjit Singh appeared for the Appellant and DAG Aditya Sharda appeared for the Respondent.
Brief Facts-
It is the case of the Petitioner that she married respondent No.7 as per Sikh rites, but soon after, she was harassed for bringing insufficient dowry. Her husband abandoned her when she was pregnant at her parental home and said that he would not take her back if a female child was born. He left for Dubai without informing her or providing contact details. The Petitioner wanted to end the marriage under the Hindu Marriage Act but could not file for divorce due to the one-year statutory waiting period. She is seeking to terminate her pregnancy under the Medical Termination of Pregnancy Act, citing concerns about her future, financial difficulties, and the potential social stigma. The MTP Board has not recommended termination as the foetus is normal and beyond the 24-week limit.
The Court relied on the decision of the Supreme Court in the matter of Sarmistha Chakrabortty & Another versus Union of India Secretary & Others reported as (2018) 13 SCC 339 and quoted, “the right of a woman to have a reproductive choice is an insegregable part of her personal liberty, as envisaged under Article 21 of the Constitution of India. She has a sacrosanct right to have her bodily integrity”.
The Court said that change of ‘marital status’ during an ongoing pregnancy is a concept that needs to be understood in true spirit. However, according to the court change of status should not be construed as an absolute change leading to severance of the status due to the culmination of the divorce or widowhood.
Accordingly, the Court allowed the Writ Petition.
Cause Title: Sandeep Kaur v. State of Punjab (Neutral Citation: 2024:PHHC:104940)
