NEW DELHI: A Supreme Court bench comprising of Chief Justice Dipak Misra, AM Khanwilkar, and DY Chandrachud, has dismissed a civil appeal seeking to recognise husband's consent to terminate a pregnancy. Upholding the Punjab and Haryana high court's decision, the bench said, “ Keeping in view the strained relations between the husband and wife, the wife's decision to terminate the unwanted fetus was right. The termination of pregnancy had not soured the relations between the two. So, keeping in view the legal position, it is held that no express or implied consent of the husband is required for getting pregnancy terminated under the (Medical Termination of Pregnancy) Act.”
A dispute between a husband and wife led to their separation, with the wife living with her minor son and parents. She filed an application under section 125 CrPC claiming maintenance from the husband. She later agreed to accompany the husband with efforts of the Lok Adalat, and during this period, the wife conceived. Differences between her and the husband however, persisted. While the wife wanted to abort, the husband refused to sign the papers giving his consent to terminate the pregnancy. He filed a suit for mandatory injunction restraining the wife from getting the foetus aborted. That suit was withdrawn after she underwent Medical Termination of Pregnancy. The husband filed a civil suit for the recovery of Rs.30 lacs towards damages on account of mental pain, agony, and harassment against his estranged wife, her parents, brother and the doctors who got her pregnancy terminated.
In its judgement, the Punjab and Haryana High court, had held that under Section 3(4)(b) of the Medical Termination of Pregnancy Act, only the consent of the pregnant woman undergoing termination of pregnancy is required. “An unwanted pregnancy as per Explanation II to Section 3(2) of the Act is a grave injury to the physical or mental health of the woman”, the high court held.
