Bombay High Court Permits Woman To Abort 25-Week Pregnancy After Her ‘Estranged’ Partner Agrees To Look After Her
In a unique turn of events, the partner of an unmarried woman, who moved the Bombay High Court seeking to abort her 25 weeks foetus, fearing ‘social stigma’, has agreed to look after her till she undergoes the procedure under Medical Termination of Pregnancy (MTP) Act to abort her foetus.
A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the 31-year-old woman was ‘left in lurch’ by ‘her own circumstances.’
“We find that the Petitioner, a 31 years old woman is left in a lurch by her own circumstances as well as refusal of her partner to offer support and assistance to her in any manner, despite being an active participant in bringing about the present situation. The Petitioner is naturally apprehensive about social stigma as well as facing her own parents, who may not be supportive in the circumstances. We, therefore, deemed it necessary to permit the Petitioner to implead her partner as Respondent No.6 and also requested her to inform the Respondent No.6 to remain present before us in the chambers today,” the judges said in the order passed on June 19.
Following this, the partner appeared before the judges and the Court noted,
“He immediately offered to deposit an amount of Rs.1,00,000/- in the account of the Petitioner for medical and legal expenses to be incurred by her. He appeared to be a mature person and accepted responsibility. He also assured us that he will accompany the Petitioner to the hospital, if she so desired and remain with her during the entire ordeal.”
The judges accepted the offer made by the partner towards medical and other miscellaneous expenses in addition to the legal fees of the Petitioner’s counsel and asked him to deposit the said amount in the bank account of the Petitioner.
The judges were dealing with a plea filed by the woman, who stated that she was in a consensual relation and the instant pregnancy has occurred as a result of failure of a contraceptive device, which she used along with her partner for the purpose of preventing the pregnancy. She stated that she is no longer in the said relationship with her partner and is thus not desirous of continuing with the pregnancy.
The woman contended that continuance of the pregnancy is causing her tremendous amount of anguish constituting grave injury to her mental health. She highlighted the fact that her parents/family is not aware of her pregnancy and that if her parents learn about her pregnancy, they would not accept the same, leaving her in a complete lurch to fend for herself.
“The Petitioner informs us that she quit her job about a few months back and that today, instead of looking for a new job, on learning of her pregnancy, she is now required to run pillar to post to consult doctors from Mumbai and Pune for their opinion to terminate her pregnancy. On interacting with the Petitioner, the Petitioner appears to be extremely disturbed, having to face these challenges. The Petitioner has thus clearly made a conscious decision to terminate the pregnancy. We have ascertained that she has made the choice of her own free will and she is not desirous of continuing the pregnancy,” the judges stated in the order.
The judges said that they were conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice, and therefore, considered the findings and opinion of the Medical Board pertaining to the psychological condition of the Petitioner as well as the averments in the Petition.
“On the basis of our interaction with her, we are satisfied that continuance of the pregnancy shall adversely affect the already disturbed psychological condition of the Petitioner. Hence, in the peculiar facts of this case, we permit the Petitioner to medically terminate the pregnancy,” the bench ordered.
The judges added, “The Petitioner is thus permitted to medically terminate her pregnancy. She is directed to present herself at JJ.Hospital at 10:30 a.m. on June 20, 2025. The authorities of JJHospital shall facilitate her transfer to the NM Wadia Hospital, Mumbai at the earliest. Subject to the NM Wadia Hospital having the facility of a fetal medical expert to carry out the procedure of MTP by stopping the fetal heartbeat, the Petitioner is permitted to undergo MTP at NM Wadia Hospital, Mumbai.”
Appearance:
Advocate Nikita Raje appeared for the Petitioner.
Assistant Government Pleader Monali Thakur represented the State.
Case Title: ABC vs State of Maharashtra (Writ Petition 7491 of 2025)
