Can woman awaiting divorce seek abortion due to change in marital status? Punjab and Haryana High Court answers

The Punjab and Haryana High Court recently ruled that a woman who is awaiting a divorce but is yet to be legally divorced can also seek termination of pregnancy under the rule which permits divorced or widowed women to seek pregnancy termination..Justice Vinod S Bhardwaj said the change of ‘marital status’ during an ongoing pregnancy needs to be understood in true spirit and should not be construed only as an absolute change leading to severance of status due to divorce or widowhood.The circumstances for a woman awaiting a divorce are at par with a divorced woman, the Court said in its order of August 13.“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,” the single-judge stated..Medical Termination of Pregnancy Act (MTP Act) permits termination of pregnancies by two registered medical practitioners for up to 20 weeks. However, beyond 20 weeks till 24 weeks, only certain categories of women including those divorced or widowed are allowed to terminate pregnancy.The Court was hearing a woman’s petition seeking termination of pregnancy.The woman had gotten married in January this year and was carrying a pregnancy of over 28 weeks. Her husband had allegedly abandoned her in May and left for Dubai.The woman told the Court that she intends to terminate the marital relationship with her husband under Hindu Marriage Act but the petition for it cannot be filed due the statutory requirement of the mandatory waiting period of one year from date of marriage..The Court on August 5 had directed the Mediation and Conciliation Centre to speak to the woman and submit a report on whether she was voluntarily seeking termination of the pregnancy and intends to end the marriage. She confirmed her decision in the mediation.Thereafter, she was asked to appear before a Medical Board. However, doctors in their report recommended against the abortion since the foetus was found to be normal and the pregnancy crossed 24 weeks - the maximum permissible limit for termination of pregnancy..MTP Act recognizes woman's sexual autonomy as part of right to life: Punjab and Haryana High Court.The bench took note of the fact that the woman had reiterated her intent to seek annulment of marriage again and again before different authorities as well as before this Court.It also noted that she was abandoned by her husband and is herself dependent on her parents. “Taking into consideration the fact … that the petitioner herself is dependent on her parents and it is not possible for her to bear the additional expenses for taking care and providing the necessary amenities and the education; that the petitioner has taken a conscious decision to get her marriage annulled by filing a petition for divorce in accordance with law after the statutory period of one year has elapsed and also that respondents No.7 to 9 have no objection to termination of pregnancy, the present writ petition is allowed,” the Court said.It, therefore, allowed the woman to approach the medical board for termination of pregnancy..Advocate Sukhjit Singh represented the woman.Deputy Advocate General Aditya Sharda represented the State of Punjab. [Read Judgment]