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  • Matrimonial Discord Can’t Be Considered As Reason For Permitting Termination Of Pregnancy: Bombay HC

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Matrimonial Discord Can’t Be Considered As Reason For Permitting Termination Of Pregnancy: Bombay HC

Courtesy/By: Sanjeev Sirohi  |  23 Jul 2018     Views:3208

In a landmark judgment with far reaching consequences which shall always be a trendsetter in the time to come, the Bombay High Court in Neelam Choudhary V/s 1. Union of India 2. State of Maharashtra 3. Ministry of Health and Family Welfare, through its Secretary in Writ Petition No. 6430 of 2018 delivered on June 19, 2018 while refusing a plea seeking termination of pregnancy held that matrimonial discord cannot be considered as a reason for permitting termination of pregnancy by invoking provisions of the Medical Termination of Pregnancy Act, 1971. Very rightly so! There can be no denying or disputing it!

                                  Bluntly put, if matrimonial discord is accepted a valid reason for permitting termination of pregnancy then many women would resort to such specious plea and many children would be killed in the womb itself! How can this be permitted to happen under any circumstances? So Bombay High Court took the right, laudable and bold decision in not allowing termination of pregnancy on the ground of matrimonial discord!

                                       To recapitulate, a married woman who was carrying pregnancy of more than 20 weeks, approached Bombay High Court contending that she does not intend to continue with the pregnancy as she intends to pursue her studies and apply for divorce. According to her, taking into account her health problem of epilepsy, it will not be advisable to continue with the pregnancy and also pursue her studies. In her plea, it was also stated that she had always cautioned her husband to have protective sex, but he did not pay any heed to the same.

                             Going forward, the petition also challenged stipulation of a ceiling of 20 weeks for an abortion to be done under Section 3 of the Act, on the ground that the said provision is ultra vires Article 14 and 21 of the Constitution of India. By way of present petition, the petitioner has sought following reliefs:

“a. For a writ of declaration or any other appropriate writ, order or direction in the nature of declaration, declaring section 3(2)(b) of The Medical Termination of Pregnancy Act, 1971 to the limited extent that it stipulates a ceiling of 20 weeks for an abortion to be done under Section 3, as ultra vires Article 14 and 21 of the Constitution of India;

b. For a writ of declaration or any other appropriate writ, order or direction in the nature of declaration, declaring that the case of the Petitioner is a fit case for exercising jurisdiction under Section 5 of the Medical Termination of Pregnancy Act, 1971.

c. For a writ of mandamus or any other writ, order, or direction in the nature of mandamus directing the Respondents to –

i constitute a Medical Committee for the examination of the Petitioner to assist this Hon’ble court in arriving at a decision on the plea of the Petitioner;

ii allow the Petitioner to undergo Medical Termination of Pregnancy at a medical facility of her choice.

d. For a writ of mandamus or any other writ, order, or direction in the nature of mandamus directing the Respondents to set up appropriate Medical Committees in each district in the State of Maharashtra to assess the pregnancy and offer MTP to the Petitioner and other women in need of the procedure beyond the prescribed 20 weeks limit.

e. For an order directing Respondent No. 1 to produce the report of MTP Committee which included the Health Secretary, Mr Naresh Dayal, former Director-General of the Indian Council of Medical Research and Dr. NK Ganguly as its members as stated in para 9 of the petition.”

                                      Truth be told, a Division Bench of Justice Shantanu Kemkar and Justice Nitin W Sambre observed that none of the medical papers produced by her certifies that there is imminent danger to her life and she has no case that foetus will not be able to survive. Para 10 of this landmark judgment says explicitly that, “From the record, it is ex-facie clear that it is the case of the petitioner that she is carrying as on date pregnancy of about 23 weeks. The petitioner got married in 2012 and started residing with her husband and in-laws in 2016. The fact remains that she is educated up to 11th standard and pursuing further studies. It is also apparent that in 2016, an NC came to be registered for an offence under section 323, 504 of the Indian Penal Code in view of the complaint lodged by the petitioner against her husband and in-laws. It is apparently clear that the said NC complaint was not further prosecuted by the petitioner. Rather, in categorical terms she has admitted that, she has started residing with her husband. Out of the said relationship, she conceived a child and presently carrying pregnancy of 23 weeks.”

                                        To be sure, the Bench further observes in para 11 that, “In the aforesaid factual background, if the claim of the petitioner is examined qua her prayer for issuance of directions for permission to terminate pregnancy, it is required to be noted that none of the medical papers which are placed on record certifies that there is imminent danger to life of the petitioner nor the condition of the foetus is incompatible with the extra uterine life. It is even not the case of the petitioner that the foetus would not be able to survive. The petitioner has also not demonstrated that continuation of pregnancy can gravely endanger the physical and mental health of the petitioner.” We thus see that petitioner’s plea is not supported by strong causes! This alone explains why her plea was rejected!

                                      As if this is not enough, para 12 of this landmark judgment further exposes the fallacies in her tall claims when it points out that, “Apart from above, it is required to be noted that the petitioner is seeking termination of pregnancy based on the cause viz. her matrimonial discord with her husband, her intention to initiate divorce proceedings and to pursue her career and improve her educational qualification. If the aforesaid cause as cited by the petitioner are examined in the light of the provisions of the Medical Termination of Pregnancy Act, 1971, same not at all recognized to form basis for accepting the prayer of the petitioner to terminate the pregnancy.” So naturally how could the Bombay High Court accept her petition for termination of pregnancy? The petition had to be rejected!

                                  Simply put, para 15 further says that, “It is not the case of the petitioner that she is of unsound mind or there is any physical or mental deformity which prompts her not to continue with the pregnancy. As observed herein before, there is no material whatsoever brought on record to substantiate the said claim.” So no prizes for guessing that her plea was bound to be rejected. She could not cite any valid cause for the abortion!

                                      Be it noted, para 22 of this landmark judgment pooh-poohed her plea for termination of pregnancy by observing that, “In the wake of law laid down and discussed herein before, the fact remains that the ground which is sought to be espoused by the petitioner seeking termination of pregnancy is no more germane to the requirement under section 3 of the Act. Her matrimonial discord cannot be considered as a reason for permitting her to have termination of pregnancy by invoking provisions of the Medical Termination of Pregnancy Act, 1971. For the eventualities which are spelt out in the petition, it is really difficult to consider and grant the request of the petitioner for permitting her to have termination of pregnancy.”

                                 It would be pertinent to mention here that para 23 further goes on to say that, “Apart from above, though the petitioner has raised a plea of challenge to provisions of Section 3 of the Act being violative of Article 14 & 21 of the Constitution of India, the petitioner has hardly tried to justify her claim as no arguments are canvassed on the said issue.” Finally and most importantly, para 24 concludes this landmark judgment by saying that, “That being so, this Court has reached to a conclusion that there is no substance in the present petition and same deserves to be dismissed and accordingly dismissed.”

                                      All said and done, this is an excellent and exemplary judgment which serves to send out a clear and categorical message that pregnancy cannot be permitted just on ground of matrimonial discord unless accompanied by other compelling grounds like threat to the life of the women or she is of unsound mind or has any physical or mental deformity! The Bench also declined to entertain the prayer challenging stipulation of 20 weeks ceiling observing that no arguments are canvassed on it. The Bench observed that the lady is seeking permission to terminate pregnancy merely by citing her matrimonial discord as the cause and pursuing her education further when the fact remains that she is carrying pregnancy out of her marital life and she is major and educated. Also, the petition was held as not maintainable as there is no medical advice to the petitioner to terminate her pregnancy of more than 20 weeks. Lastly but most importantly, all the causes that she cited for getting her pregnancy terminated did not appeal to the Bench which rejected her petition after citing the valid causes for doing so!


Courtesy/By: Sanjeev Sirohi  |  23 Jul 2018     Views:3208

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RBI Changes Features Of New Currency Notes. Bombay...
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Interest Of Victim And Society At Large Must Also ...
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Abolition of Colonial Decorum in Courts...
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Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
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ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
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Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1534
Plaintiff Cannot Be Forced To Add Parties Against ...
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Biggest Slap By ICJ Directly Right On The Face Of ...
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Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
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Non-Appointment Of Judges Affects Speedy Justice: ...
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Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1764
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1927
Divorce Cannot Be Granted Only On Ground Of Irretr...
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Right To Shelter A Fundamental Right; State Has Co...
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HC Cannot Reverse Acquittal Without Affording Oppo...
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Centre Is Legally Empowered To Create A High Court...
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Centre Must Now Immediately Order Creation Of HC B...
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How To Record The Evidence Of Deaf And Dumb Rape V...
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Ban Advocates From Carrying Weapons Inside Court P...
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Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1337
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1650
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4850
SC Upholds Constitutionality Of Section 23 Of PCPN...
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My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1858
Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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“Drop This Episode From Your Minds And Gossips...
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Delhi High Court Directs Government To Set Up 18 F...
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No New Appointments To Be Made From In-Service Can...
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Only Advocates Can Plead And Argue On Behalf Of Li...
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Nations Must Make Gun Laws More Stricter...
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SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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Islamabad High Court Rejects Plea Against Release ...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Even Poem Can Help Save A Death Convict From Gallo...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
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Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
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Long Pendency Amounts To A Special Reason For Impo...
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Successive Applications For Recalling Witnesses Sh...
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Lieutenant General (Rtd) Cannot Be Tried In A Gene...
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Autonomy Of the Bar Cannot Be Taken Over By The Co...
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Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2428
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2668
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2753
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2028
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2153
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
23 Jan 2019     Views:2193
Mere Allegations Of Harassment Without Proximate P...
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NCW is a Lame Duck or Legal Guardian for women...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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26 Nov 2018     Views:2394
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
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26 Nov 2018     Views:1922
Legal Article Now Bar Council ID Card Is Valid Id...
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3796
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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Extra-Judicial Confession Of Accused Need Not In A...
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Leaders Of Outfits Calling For Mob Violence Liable...
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Section 377 IPC Decriminalised Partially By Supre...
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Court Must Not Go Deep Into The Matter While Consi...
26 Sep 2018     Views:2419
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:2229
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People Without A Degree Performing Surgeries: Utta...
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MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1783
Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
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Victims Of Crime Can Seek Cancellation Of Bail: MP...
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Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2138
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2090
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2410
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2368
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1878
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1970
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1839
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3209
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3208
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3047
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2323
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1660
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1616
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2156
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2119
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Supreme Court To Look Into Validity Of Amended Law...
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29 Jun 2018     Views:2674
No Politics Please Over Plan To Assassinate PM Mod...
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Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3105
Right Of Adult Couple To Live Together Without Mar...
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Why BJP Will Be Wiped Out In West UP And UP?...
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Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1813
Women Governed By Muslim Personal Law Can Invoke P...
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Why Is BJP Not Creating More Benches In UP?...
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Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:1631
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1755
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1548
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1627
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2097
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:1663
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1577
Soldiers Have Every Legal Right To Kill Stone Pelt...
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Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1551
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
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New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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2G Scam : The 2G Scam and much more...
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