Abortion sole prerogative of wife, does not need husband’s consent: SC

In November 2002, they started living together and in January 2003 discovered that she was pregnant.

Abortion is the sole prerogative of the woman, the Supreme Court has ruled. The order was passed by the court while rejecting a man's petition seeking damages from his estranged wife for undergoing abortion without his consent.

The court ruled that an adult woman had an unimpeachable right to give birth or terminate pregnancy. The man came in appeal to the SC after his plea before the Punjab and Haryana High Court was dismissed.

The High Court had said, " keeping in view the strained relationship between the husband and wife, the decision to terminated the unwanted fetus was right. The termination of pregnancy had not soured the relationship between the two. Keeping in mind the legal position, it is held that no express or implied consent of the husband is required in getting the pregnancy terminated under the Medical Termination of Pregnancy Act."

She is a mother and an adult. How can she or others be made liable for it? Even a mentally challenged woman has the right to terminate her pregnancy, the Bench headed by Chief Justice of India, Dipak Misra said.

The couple got married in 1994 and had a son in 1995. Due to discord, the wife and son had been staying with her parents in Chandigarh since 1999. During pendency of the wife's petition seeking maintenance, the Lok Adalat in Chandigarh had mediated, and persuaded the couple to live together in the husband's house in Panipat.

In November 2002, they started living together and in January 2003 discovered that she was pregnant. As the relationship showed no signs of improvement, the woman wanted to terminate the "unwanted" pregnancy. The man objected. She contacted her parents, who took her to Chandigarh. The husband refused to sign the hospital papers for medical termination of pregnancy but the woman went ahead with the abortion at a Chandigarh hospital.

Following this the man filed a suit seeking damages of Rs 30 lakh. The suit was however dismissed. While dismissing his suit the HC had said that if the wife had consented to matrimonial sex, it does not mean that she has consented to conceive a child. It is the free will of the wife to give birth to a child.

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