The Court noted that the the Medical Board constituted at its direction had opined that MTP may be done since continuance of the pregnancy will have a negative impact on the mental health of the petitioner.
Another determining factor noted by the Court was the petitioner’s environment.
“From the averments and the arguments, it has come out that the petitioner belongs to the weaker section of society and does not have the financial capacity to bring up the child on her own. The records also reveal that the petitioner’s husband had refused to accompany her to the hospital from the initial stages of her pregnancy. As such, the petitioner is denied emotional support also,” the Court observed.
The question before the Court was whether the prayer for permission to terminate the pregnancy can be allowed, even if the petitioner does not fall within the category of women eligible for termination of pregnancy as per the rules.
“A perusal of the rule shows that, women, whose marital status changed during the ongoing pregnancy (widowhood or divorce), are also included. Indisputably, the petitioner’s matrimonial life has completely changed during the pregnancy,” the Court observed.
Therefore, it permitted the petitioner to have her pregnancy terminated and issued necessary directions for the same.
Source: Barandbench
