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Adv Ankit Kansal
Adv Ankit Kansal. | 2 months ago | 159 Views

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Written by:

Adv Ankit Kansal Adv Ankit Kansal

Updated: 23-03-2024

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The Delhi High Court noted that a pregnant woman's right to self-determination and physical autonomy are fundamental rights guaranteed by the Constitution, even as it permitted the woman to end her 22-week pregnancy from a temporary live-in relationship. 

The 27-year-old woman, who is legally married, was told by the court that she was dumped by her husband and that this pregnancy resulted from a live-in relationship; however, her partner has since vanished from sight.

Live in Relationship: What is it?

  • The term "live-in relationship" mostly refers to the cohabitation without any promise to marriage. For a very long time, living together before to marriage was considered a criminal offense in India. 
  • As the other nations accept the idea of live in relationship, India has not yet fully accepted the concept or the idea of a live-in relationship as a lawful or a legal union. 
  • However, the Supreme Court of India has ordered as well as it ruled that living together with not getting married is neither illegal nor a criminal offence. Although unmarried partners do not have the same legal rights as married couples, they are nonetheless protected by the law when living together.

Why in the News?

  • In Mrs C vs The Principal Secretary Health & Family Welfare Dept, Govt of NCT of Delhi & Ors case, in 2016, the woman got married and tied the knot, and in 2017, a daughter was born. Her husband later deserted her as well as their daughter behind. The case of the woman was that she had no idea or knowledge where her husband had gone.
  • She requested for the termination of her pregnancy, claiming that because it was a result of her live-in relationship, it was highly undesirable and unacceptable. She expressed her worries as well as her concerns about the societal rejection as well as the societal shame she might anyway experience.
  • She was highly unable to raise as well as take care of a second child because she comes from a very low-income family and as well as can also face significant financial difficulties.
  • The mother applied for a medical termination of pregnancy according to the Medical Termination of Pregnancy Act, providing sole care for her seven-year-old daughter. 
  • The woman sought a pregnancy termination from the doctors, but they denied because the foetus could not be terminated until the gestation period was longer than 20 weeks.

Delhi High Court Decision on Pregnancy Termination in Live in Relationship 

  • The High Court of Delhi finally allowed and granted the writ petition in this particular case after taking into consideration case facts as well as the prior legal decisions. 
  • The court however decided that the petitioner can have and proceed for the medical termination of her pregnancy at a hospital of her choice because she had been already informed of the most important risks involved in continuing the pregnancy as well as it also had chosen to proceed despite them. 
  • The petitioner's mental as well as her physical health would be at a high risk if the pregnancy were to continue. 
  • In the event of any further lawsuit, the court also granted protection to the physicians who had participated in this case as members of the Medical Board.
  • The court also recognized that the MTP Act is meant to be a welfare law, designed to give women reproductive autonomy, which is closely related to bodily autonomy, which can be further connected to Article 21 of the Indian Constitution, which guarantees everyone the right to a life of dignity.

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

How To Apply For A Marriage Certificate ? +91-8877001993

How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

How Is Murder Punishable? 8877001993

How Is Murder Punishable? 8877001993

Adv Arjun Sharma • 14/09/2024

Cheque Bounce Lawyers In Delhi 91-8877001993

Cheque Bounce Lawyers In Delhi 91-8877001993

Adv Rahul Pandey • 18/09/2024

Dowry Death And Its Punishment 91-8877001993

Dowry Death And Its Punishment 91-8877001993

Adv Samman Singh • 19/09/2024

How To Escape From Cheque Bounce Cases ?91-8877001993

How To Escape From Cheque Bounce Cases ?91-8877001993

Adv Anshul Jain • 20/09/2024

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

Role Of The Best Family Lawyers In Delhi +91-8877001993

Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

What To Do If A Police Officer Is Harassing You? 91-8877001993

What To Do If A Police Officer Is Harassing You? 91-8877001993

Adv Arjun Sharma • 21/12/2024

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