Court Allowed Termination Of Pregnancy Due To Martimonial Dispute 91-8877001993

The intersection of reproductive right against matrimonial dispute opened up a tremendous debate in legal and ethical terms. Recently, a court in Indore had announced some news about having a landmark decision where the court had allowed a medical termination over irreconcilable marital differences, showing the absolute interplay between personal autonomy, marital factors, and judiciary claims over certain family matters.

Why in the News?

In the case of Ranjana Verma vs. State of M.P & Others, the High Court of Madhya Pradesh has allowed a woman allegedly suffering domestic violence at the hands of her husband for the termination of pregnancy. In view of these disturbing circumstances, the Court stated that she cannot be forced to continue with the pregnancy. The Court was considering a writ petition filed by the wife, seeking termination of pregnancy on account of matrimonial dispute with the husband.

Arguments in the Case

Petitioner:

• The petitioner, a woman caught in a whirlpool of troubles with her husband, said that she had filed an FIR against her husband and his relatives for cruelty and domestic violence. 
• According to the arguments advanced by the petitioner's lawyers, if a court were to order her to go ahead with her pregnancy against her will, this would have an irreversible and lasting detrimental effect on her emotional and mental health. 
• The petitioner further contended that there is irretrievable breakdown with her husband, and anything done to perturb her mentally or emotionally may thwart her entire future and the life of the child she carries. Further, the petitioner stated that the continuation of her pregnancy would lead to unbearable trauma for the rest of her life, and the child would have to meet the future evils of continuing matrimonial disputes.

Respondent:

• On the other hand, the respondent, the husband, opposed the termination of the pregnancy while alleging that no disagreement was insuperable and that he wished for his wife to continue with the pregnancy. 
• The husband's counsel based her arguments on the premise that marital issues could be settled by reconciliation, and therefore the termination of pregnancy was not necessary, despite the differences between the parties.
• In keeping with this, it was further contended by the respondent that from a medical viewpoint there was no legal ground for allowing an abortion as the couple is supposed to settle down first, mediation having failed before. 
• He believed that from the perspective of the petitioner and the child, the continuation of the pregnancy in every manner would be a good thing.

Judgment of the Court

• The Court acknowledged that continuing a pregnancy under the circumstances would irreparably harm both the petitioner and the potentially viable foetus. The petitioner was adamant that she did not want to proceed with the pregnancy because it would cause lasting psychological and emotional damage.
• While taking the measure of the hearing, the Court further accepted that the medical board had released the petitioner to terminate the pregnancy. The 
• Court also mentioned those mediation efforts pursued without success and confirmed that there was no reconciliation and the long-term impact on the petitioner would have on her well-being and possible consequences for herself in the future. 
• Consequently, the Court found it would be completely unreasonable to compel this woman to continue her pregnancy against her will.

The court's decision to allow the termination of pregnancy due to a dispute in a marriage is a major landmark as the debate on reproductive rights is still in evolution along with family law. It seeks to illustrate the judiciary's protection of personal autonomy in choosing, within the legal framework, how to preserve a family relationship or mummy-child bond or co-parenting. While the ruling is progressive, it opens space for an important discussion on rights, ethical dilemmas and societal levels of consciousness.

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