The Punjab & Haryana High Court has ruled that a woman living separately from her husband—without obtaining a divorce—can terminate her pregnancy without the husband's consent under the Medical Termination of Pregnancy (MTP) Act.
Justice Kuldeep Tiwari, relying on SC's interpretation of Rule 3B(c) of MTP Rules, 2003, emphasized that "change of marital status" must be interpreted purposively. Separation due to domestic violence was deemed sufficient to exercise the woman's right to terminate the pregnancy under Article 21 of the Constitution.
Case: XXX v. Fortis Hospital, Mohali and Others - CWP/75/2025 | Date of Decision : January 13, 2025
Sandeep Chatterjee | Advocate
The Punjab & Haryana High Court has ruled that a woman living separately from her husband—without obtaining a divorce—can terminate her pregnancy without the husband's consent under the Medical Termination of Pregnancy (MTP) Act.
Justice Kuldeep Tiwari, relying on SC's interpretation of Rule 3B(c) of MTP Rules, 2003, emphasized that "change of marital status" must be interpreted purposively. Separation due to domestic violence was deemed sufficient to exercise the woman's right to terminate the pregnancy under Article 21 of the Constitution.
Case: XXX v. Fortis Hospital, Mohali and Others - CWP/75/2025 | Date of Decision : January 13, 2025
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