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The petition was filed by a woman regarding termination of her 20 weeks pregnancy in Bombay HC. The petitioner’s ground for terminating the pregnancy stated in the petition are:
The petition also challenged the time limit of 20 weeks for termination of pregnancy (section 3), of Medical Termination of Pregnancy Act, 1971. It stated that the following section is against the Article 14 and 21 of the Indian Constitution.
The bench comprising Justice Shantanu Kemkar and Justice Nitin W. Sambre stated that the documents attached with the petition does not indicate threat to the mother’s life. The prayer of the petition was dismissed by the bench. The bench in its order stated: It was noted by the bench the reasons behind which petitioner is seeking termination of pregnancy is her matrimonial discord with husband, she is filing for divorce and she wants to pursue her studies. Under MTP Act, 1971 all the grounds are not at all justiciable. Therefore the petitioner cannot be allowed to have the pregnancy terminated, only on the basis of matrimonial discord. Further it was stated that the time limit of 20 weeks must not be challenged, when there is no valid reasons for the same.
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