New Delhi: The Supreme Court dismissed a man’s petition seeking damages from his estranged wife for undergoing an abortion without his consent. The court ruled that an adult woman had an unimpeachable right to give birth or terminate the pregnancy.
Bench of Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud upheld the decision of the HC, which had said, “Keeping in view the strained relations between the husband and wife, the wife’s decision to terminate the unwanted fetus was right. The termination of pregnancy had not soured the relations between the two… So, keeping in view the legal position, it is held that no express or implied consent of the husband is required for getting pregnancy terminated under the (Medical Termination of Pregnancy) Act.”
The CJI-headed bench further said, “She is a mother and an adult who says she did not want the pregnancy. How can she or others be made liable for it? Even a mentally challenged woman has a right to terminate her pregnancy. How can parents and doctors be made liable?”
The man filed a civil suit against his wife, her parents, and brother, and the doctors for recovery of Rs 30 lakh towards damages on account of mental pain, agony and harassment. He argued that the termination of pregnancy without any medical need and without the consent of the unborn child’s father was illegal under the MTP Act.