New Delhi, November 3: The Supreme Court has observed that marital discord and heated arguments between a husband and wife cannot, by themselves, become grounds for terminating a pregnancy. Hearing a woman's plea to end her 25-week pregnancy, the court urged the estranged couple to resolve their differences and directed the husband to withdraw allegations made against his wife.
A bench comprising Justices BV Nagarathna and R Mahadevan made the observations on Monday while hearing the case involving a six-month-old marriage. The woman had approached the court seeking permission to terminate her first pregnancy amid an ongoing marital dispute. Her husband, however, opposed the request and expressed his willingness to take responsibility for the child.
During the hearing, the woman's lawyer told the court that she had faced mental harassment and humiliation. The husband had allegedly questioned her character and circulated accusations against her in a family WhatsApp group. Her counsel also alleged that he had threatened not to continue the marriage if she proceeded with the pregnancy termination.
Taking note of the allegations, the bench directed the husband to file an affidavit withdrawing all accusations made against his wife, whether orally, in writing or through digital platforms. The court also asked him to express regret and apologise publicly on the family WhatsApp group.
"Because of a bitter exchange of words, we cannot allow termination of pregnancy. Your ego kills everything," the bench remarked during the proceedings.
The judges questioned whether an argument between spouses should automatically lead to a decision to terminate a pregnancy. They also observed that the case did not involve sexual assault or rape and noted that the foetus was healthy, with no medical complications warranting termination.
The court further pointed out that the couple remained legally married and that the dispute had not resulted in a divorce. It also emphasised that the unborn child's interests needed consideration.
The case had earlier reached the Bombay High Court, which dismissed the woman's plea on October 26, holding that her circumstances did not fall within the statutory categories permitting termination beyond 20 weeks and up to 24 weeks under the Medical Termination of Pregnancy Act and its rules.
However, a medical board had reportedly noted the woman's fragile psychological condition and warned that her mental distress could worsen if the pregnancy continued.
The Supreme Court has now given the husband an opportunity to withdraw his allegations through a formal affidavit. The matter has been listed for November 4 for further consideration.
The proceedings have brought renewed attention to the legal and ethical questions surrounding reproductive autonomy, marital disputes and the statutory framework governing pregnancy termination in India.
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