Is it legal for a woman who is expecting a divorce to have an abortion just because she is no longer a married woman?PHHC answers
Lately, the Punjab and Haryana High Court okayed the position that a woman, who was deserted by the husband and expecting the divorce legally but has not been legally granted the separation, can also apply for the pregnancy termination under the rule relating to the divorced or widowed women.
Justice Vinod S Bhardwaj was of the view that ‘Change in marital status during an ongoing pregnancy’ has to be interpreted in the spirit of the section and it cannot be interpreted that way and one that deserves severance of status due to a divorce or becoming a widow midway.
The living conditions of a woman waiting for a divorce are in the same category as a divorced woman, the Court held in the decision of 13 August.
“A situation where a woman is prevented from filing an application for an annulment of marriage because of minimum waiting period but has become pregnant and has decided to annul the marriage cannot be placed at a disadvantageous position. She is psychologically already at a stage of marriage dissolution and the only hindrance is the statutory one. The circumstances which are existent for a woman who succeeds in divorce is no different from a woman awaiting a divorce,” the single
MTP Act also allows termination of pregnancies by two registered medical practitioners within up to 20 weeks.
Though pregnant women are allowed to terminate pregnancy from two the twentieth week up to the second that is the twenty-fourth week, the categories of female that is allowed to so do is limited to those who are divorced or have been widowed.
It was a case whereby a woman was seeking for permission to abort her pregnancy.
The woman had been married in January this year and the pregnancy was beyond 28 weeks. Her husband had allegedly left her in May and travelled to Dubai.
The woman said in Court that she wants an end to the marital relationship on the basis of Hindu Marriage Act but cannot file one as there is a stipulation of one year from the date of marriage.
The Court on August 5 had ordered the Mediation and Conciliation Centre talk to the woman and file a report on whether her decision to terminate the pregnancy was voluntary and if she intended to end the marriage. She affirmed in the mediation about her decision whose consequences would shape his life.
After that she was advised to present herself before a Medical Board. However, doctors in their report advised against the abortion because the foetus was healthy and the pregnancy had prolonged beyond the requisite 24 weeks allowed in the law on abortion.
