Law & Justice

Supreme Court Rules Marital Dispute Cannot Justify Abortion

By Utkarsh Anand

The Supreme Court on Monday ruled that a marital dispute or harsh words between spouses cannot, by itself, be a ground for terminating a pregnancy. The court directed a husband who opposed his wife’s request to terminate her 25‑week pregnancy to file an affidavit withdrawing all allegations made against her, including those circulated on a family WhatsApp group. Justices B.V. Nagarathna and R. Mahadevan said the husband must express regret and apologise for the allegations, noting that the couple’s differences had “snowballed” into a situation where the woman was seeking to terminate her first pregnancy despite no medical reason for doing so.

During the hearing, the woman’s counsel reported that the husband had threatened to end the marriage if she proceeded with the termination and had allegedly posted a message on a family WhatsApp group accusing her of an illegitimate relationship. The counsel also said the woman would not continue the marriage and that continuing the pregnancy would cause immense mental trauma and could affect the child.

The husband’s counsel denied circulating any WhatsApp message but said he had evidence against her that he withheld to preserve the relationship. The bench instructed the husband that such allegations could be withdrawn if he was willing to apologise. It emphasised that the unborn child is also his and that an exchange of allegations between spouses is not sufficient justification for termination.

The court noted that the foetus was healthy and the woman was medically fit, and there was no medical reason warranting termination. It allowed the husband to file an affidavit withdrawing all allegations against his wife and ordered the parties to appear again. The hearing follows the court’s earlier intervention last week, when it urged the estranged couple to give their six‑month‑old marriage another chance before deciding the woman’s plea. The Bombay High Court had dismissed the woman’s plea on October 26, holding that her case did not fall within the statutory categories permitting termination up to 24 weeks under the Medical Termination of Pregnancy Act and Rules. A medical board had, however, recorded that the woman was in a fragile psychological state and that her mental agony could worsen if the pregnancy continued, suggesting that termination could be undertaken with caution.