Woman Living Separately Without Divorce Can Terminate Pregnancy Without Husband's Consent: Punjab & Haryana High Court
1 day, 1 hour ago

Woman Living Separately Without Divorce Can Terminate Pregnancy Without Husband's Consent: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court held that a woman living separately from her husband without obtaining divorce can terminate pregnancy without taking consent from the husband under the Medical Termination of Pregnancy Act. Principal Secretary, Health and Family Welfare Department and Anr and, Rule 3 of the The Medical Termination of Pregnancy Rules, 2003 said, "giving a purposive interpretation to the expression “change of marital status”, this Court can safely conclude that although the petitioner does not fall within the purview of “widow or divorcee”, however, since she has decided to live separately from the company of her husband without legally obtaining divorce, hence she is eligible for termination of pregnancy." After examining the submissions, the Court considered the question "whether in the given facts and circumstances, where although the petitioner has departed from the company of her husband on account of domestic violence but not legally divorced, yet she is eligible for termination of pregnancy without consent of her husband on the basis of change of marital status?”. The Postgraduate Institute of Medical Education and Research, Chandigarh wherein, the Co-ordinate Bench of the High Court held that “Forced into an unwanted pregnancy, a woman is likely to experience significant physical and emotional challenges.

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History of this topic

Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor
1 week, 5 days ago

Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor

Live Law  

The Chhattisgarh High Court on Thursday allowed the prayer of a minor rape victim for abortion of her 24 weeks 6 days old foetus and held that a victim/prosecutrix cannot be compelled to give birth to the child of her rapist. While emphasizing the right to bodily autonomy of the victim/petitioner, the Single Bench of Justice Bibhu Datta Guru observed …

MP HC allows woman to end pregnancy over marital discord
3 weeks, 5 days ago

MP HC allows woman to end pregnancy over marital discord

Deccan Chronicle  

Bhopal: The Indore bench of Madhya Pradesh high court has allowed a woman to terminate her pregnancy following the marital discord. Delivering the judgment in the case, the single bench of the court of Justice Subodh Abhyankr observed on account of the marital dispute, “it would not be proper if she is forced to continue with the pregnancy which she …

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
3 weeks, 6 days ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

Fully Developed Foetus Has Right To Enter This World, Live A Healthy Life: Rajasthan High Court Declines Termination Of 30 Weeks Pregnancy
4 weeks, 1 day ago

Fully Developed Foetus Has Right To Enter This World, Live A Healthy Life: Rajasthan High Court Declines Termination Of 30 Weeks Pregnancy

Live Law  

While rejecting the application for termination of 30 weeks pregnancy by an alleged rape victim, the Rajasthan High Court reiterated that a fully developed foetus also has the right to life under Article 21 of the Constitution. The fully developed fetus also has right to life under Article 21 of the Constitution of India to enter in this world and …

Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'
4 weeks, 2 days ago

Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'

Live Law  

The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia. Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held – “In such circumstances, if the victim is …

In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped
1 month ago

In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped

Live Law  

A division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund passed the order while hearing a Suo Moto writ petition registered on the basis of a news article published in the Times of India dated November 29, wherein it came to the court's notice that a minor girl stated to be gang-raped by seven people including four …

No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case
1 month ago

No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case

Live Law  

Upholding an order dismissing a father's plea seeking termination of his daughter's over 24-week pregnancy who was allegedly trafficked and raped, the Jaipur bench of the Rajasthan High Court took suo motu cognizance of the issue noting that there was no obligation in law on the State to apprise a sexual assault survivor of her right to termination. In the …

Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy
2 months ago

Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy

Live Law  

While permitting a 16-year-old alleged rape survivor to terminate her over 24 week pregnancy, the Gujarat High Court last week issued guidelines for registered medical practitioner/medical board to follow while forming their opinion on termination of pregnancy focussing on physical and emotional well-being of the pregnant person. A single judge bench of Justice Sanjeev J Thaker, in its November 8 …

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners
4 months ago

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners

Live Law  

The Bombay High Court last week expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners. The Bombay High Court last week expressed 'disturbance' over the predicament of young women, …

Termination of Pregnancy Without Husband’s Consent Amounts to Cruelty: Madhya Pradesh HC
4 months, 2 weeks ago

Termination of Pregnancy Without Husband’s Consent Amounts to Cruelty: Madhya Pradesh HC

News 18  

The Madhya Pradesh High Court has ruled that the termination of pregnancy without the husband’s consent constitutes cruelty under Section 13 of the Hindu Marriage Act, 1955, while upholding the dissolution of marriage between the appellant and the respondent on the grounds of cruelty and desertion. The court, presided over by Justice Vivek Rusia and Justice Binod Kumar Dwivedi, examined …

Mental health risk: Delhi HC allows woman to abort 22-week foetus
4 months, 3 weeks ago

Mental health risk: Delhi HC allows woman to abort 22-week foetus

Hindustan Times  

The Delhi high court has permitted a 27-year-old woman to abort her 22-week foetus, on the grounds that the continuation of her pregnancy posed a risk to her mental well-being. “The court is of the opinion that the continuation of the ongoing pregnancy of the petitioner poses a risk to her mental well-being considering the reasonably foreseeable environment for both …

HC allows 28-week pregnant woman awaiting divorce to abort foetus
4 months, 3 weeks ago

HC allows 28-week pregnant woman awaiting divorce to abort foetus

Hindustan Times  

In a significant order, the Punjab and Haryana high court has allowed a 28-week pregnant woman to abort the foetus even as she has yet to file for dissolution of marriage. While allowing the woman’s plea for termination of pregnancy, the court referred to a Supreme Court judgment wherein it was held “the right of a woman to have a …

Woman’s decision to continue pregnancy or choose termination: HC
5 months, 2 weeks ago

Woman’s decision to continue pregnancy or choose termination: HC

Hindustan Times  

While dealing with a case pertaining to a 15-year-old pregnant rape survivor, the Allahabad high court observed that it was a woman’s decision whether to continue with her pregnancy or go ahead with its medical termination. Allowing the continuation of her pregnancy after counseling her and her parents of the risks involved with medical termination at 32 weeks of pregnancy, …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
6 months ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why
6 months, 1 week ago

Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why

Hindustan Times  

The Delhi high court on Friday passed an order allowing a 31-year-old woman to undergo medical termination of her pregnancy of around 30 weeks after the foetus was found to have a neuro-developmental disorder. The Delhi High Court on Friday passed an order allowing a 31-year-old woman to undergo medical termination of her pregnancy of around 30 weeks after the …

Depriving Father From Meeting Daughter On Account Of Marital Discord Is Cruelty: Punjab & Haryana High Court
6 months, 1 week ago

Depriving Father From Meeting Daughter On Account Of Marital Discord Is Cruelty: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that depriving a father from meeting his daughter on account of marital discord amounts to cruelty under Section 13 of the Hindu Marriage Act.While dismissing refusing to interfere in divorce granted on the ground of cruelty, division bench of Justice Sudhir Singh and Justice Harsh Bunger said, "that depriving the …

Bombay High Court Permits Woman Diagnosed With Cancer To Terminate 25-Weeks Pregnancy, Says She Has 'Reproductive Freedom'
6 months, 1 week ago

Bombay High Court Permits Woman Diagnosed With Cancer To Terminate 25-Weeks Pregnancy, Says She Has 'Reproductive Freedom'

Live Law  

The Bombay High Court on Wednesday allowed a married woman to terminate her over 25-weeks pregnancy so as to allow her to avail treatment against cancer. In these circumstances, considering the opinion of the Medical Board, doctors of Tata Memorial Centre and the wishes of the Petitioners, we are inclined to permit her to medically terminate her pregnancy, if Petitioner …

Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor
7 months, 1 week ago

Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor

Live Law  

Madhya Pradesh High Court has permitted the termination of a 17-year-old rape survivor's pregnancy at 29 weeks, subject to certain conditions, considering the peculiar circumstances involved. After a single judge bench of the High Court agreed with the Medical Board's Report disapproving termination of pregnancy on 06.05.2024, the survivor and her family took the recourse of writ appeal. In X …

SC Rejects Plea Seeking Permission to Terminate Over 25-week Pregnancy
7 months, 2 weeks ago

SC Rejects Plea Seeking Permission to Terminate Over 25-week Pregnancy

News 18  

The Supreme Court has rejected a plea filed by a woman seeking permission to terminate her over 25-week pregnancy, but refrained from making public the reasons for its decision to protect her privacy. A vacation bench of Justices Abhay S Oka and Satish Chandra Sharma perused a report filed by the All India Institute of Medical Sciences, Delhi which was …

'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy
7 months, 3 weeks ago

'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy

Live Law  

Observing that if the child is born "shall be a reminder of trauma and agony she had to undergo", the Punjab & Haryana High Court has allowed the termination of pregnancy of a married woman who was allegedly sexually assaulted by her husband.Justice Vinod S. Bhardwaj said, "It can also not be lost sight of the fact that the pregnancy …

'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination
8 months ago

'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination

ABP News  

The Supreme Court on Wednesday refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order refusing …

Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
8 months ago

Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live

The Hindu  

The Supreme Court on May 15 refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order …

SC rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
8 months ago

SC rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live

Hindustan Times  

New Delhi: The Supreme Court on Wednesday refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 …

Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination
8 months ago

Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination

India TV News  

The Supreme Court declined to entertain the plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy. The bench, headed by Justice B R Gavai, cited the foetus's fundamental right to life as it passed the order during the hearing challenging the Delhi High Court's May 3 ruling, which also refused termination of the pregnancy. High Court …

'Healthy And Viable Foetus': Delhi High Court Rejects 20-Yr-Old Unmarried Woman's Plea To Terminate 27 Weeks Pregnancy
8 months, 1 week ago

'Healthy And Viable Foetus': Delhi High Court Rejects 20-Yr-Old Unmarried Woman's Plea To Terminate 27 Weeks Pregnancy

Live Law  

The Delhi High Court has refused to permit a 20 year old unmarried woman, preparing for NEET Examination, to medically terminate her ongoing pregnancy of 27 weeks, observing that the foetus was healthy and viable.Justice Subramonium Prasad observed that the prayer for premature termination of pregnancy or delivery of the child could not be acceded to since the woman's case …

Kerala HC allows termination of 27-week pregnancy
8 months, 1 week ago

Kerala HC allows termination of 27-week pregnancy

The Hindu  

The Kerala High Court has allowed a woman to medically terminate her 27-week pregnancy in view of a medical board report that the foetus has substantial abnormalities. However, the hospital authorities told them that as the gestational age of the foetus was over 25 weeks, termination of pregnancy could be done only after obtaining orders from the court. Multiple congenital …

SC allows 14-year-old pregnant rape survivor to undergo abortion
8 months, 3 weeks ago

SC allows 14-year-old pregnant rape survivor to undergo abortion

Hindustan Times  

The Supreme Court on Monday allowed a 14-year-old rape survivor to undergo an abortion at over 29 weeks of pregnancy, underlining that continuing the pregnancy may harm the physical and mental health of the girl. In a late Friday evening session beyond the regular court hours, the bench, also comprising Justice JB Pardiwala, directed Mumbai’s Sion Hospital to immediately determine …

SC orders medical examination of minor rape survivor seeking termination of 28-week pregnancy
8 months, 3 weeks ago

SC orders medical examination of minor rape survivor seeking termination of 28-week pregnancy

The Hindu  

The Supreme Court on April 19 directed the medical examination of a 14-year-old rape survivor who is 28 weeks pregnant. The court directed the medical examination to be conducted on Saturday at Mumbai’s Sion Hospital by a board of doctors. The Bench, assisted by Additional Solicitor General Aishwarya Bhati, found that the High Court’s decision was arrived without evaluating the …

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship
9 months, 1 week ago

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship

News 18  

In a ruling recognising the rights of women in a live-in relationship, the Madhya Pradesh High Court said a woman living with a man for a considerable period is entitled to maintenance upon separation, even if they are not legally married. According to an NDTV report, the Madhya Pradesh HC delivered the judgement while hearing a case of a petitioner …

'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape Victim
9 months, 2 weeks ago

'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape Victim

Live Law  

Observing that "life is not just about being able to breathe, rather it is about being able to live with dignity", the Punjab & Haryana High Court has allowed termination of the 21-week pregnancy of a 13-year-old rape victim.According to the Medical Termination of Pregnancy Act, termination of the pregnancy can be allowed by the two registered medical practitioners for …

Can A Pregnant Woman Who Initiated Divorce Proceedings Seek Medical Termination Of Pregnancy Alleging Change Of Circumstances: Kerala HC To Consider
10 months, 2 weeks ago

Can A Pregnant Woman Who Initiated Divorce Proceedings Seek Medical Termination Of Pregnancy Alleging Change Of Circumstances: Kerala HC To Consider

Live Law  

The Kerala High Court is to consider the question of whether a woman can claim a change of circumstances for seeking medical termination of pregnancy under the Medical Termination of Pregnancy Act 1971 and Medical Termination of Pregnancy Rules 2003 when she has filed a divorce petition and the proceedings are going on. As per Rule 3 of the Medical …

Delhi high court recalls Jan 4 order allowing termination of widow’s pregnancy
11 months, 3 weeks ago

Delhi high court recalls Jan 4 order allowing termination of widow’s pregnancy

Hindustan Times  

The Delhi high court on Tuesday recalled a January 4 order allowing the termination of a 23-year-old widow’s 29-week pregnancy over mental health issues following her husband’s death. In its January 12 report, AIIMS said that preterm induction of labour had a high chance of failure, which may lead to caesarean section and have serious implications on the woman’s future …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
1 year ago

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today  

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother
1 year ago

'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother

Live Law  

The Kerala High Court has refused permission to medically terminate the pregnancy of a 12-year-old minor girl who was allegedly in an incestual relationship with her minor brother. This shall also be ensured by the competent Authorities.” In this case, the parents approached the Court seeking medical termination of pregnancy of their 12-year-old minor girl who was allegedly in an …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
1 year ago

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC

News 18  

Withholding mutual consent for divorce in a failed marriage or unilaterally withdrawing such consent amounts to cruelty to the other spouse, the Delhi High Court has said while upholding the divorce granted to a husband by a family court here. Such unilateral withdrawal from divorce by mutual consent thus, amounted to cruelty,” the bench, also comprising Justice Neena Bansal Krishna, …

Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy
1 year, 1 month ago

Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy

Live Law  

The Karnataka High Court has permitted a 16-year-old victim of sexual assault to terminate her 26-week-old pregnancy. A single judge bench of Justice M Nagaprasanna allowed a plea by the minor girl who was represented by her mother and said, “In the light of the opinion of the Medical Board, the victim can undergo termination of pregnancy with necessary precautions …

Kerala HC rejects plea to abort 30-week pregnancy of minor rape survivor
1 year, 1 month ago

Kerala HC rejects plea to abort 30-week pregnancy of minor rape survivor

New Indian Express  

"Apodictically, this is not a case where the victim child's health is a risk on account of the pregnancy; nor are there any lethal foetal abnormalities detected. "That said, no doubt, the child is still very young - just 13 to 14 years in age, and what happened to her is certainly statutory rape," the Court clarified. "This Court is …

Medical Termination of Pregnancy | Delhi High Court Permits Woman To Terminate Pregnancy After Expiry Of Period Prescribed Under MTP Act
1 year, 1 month ago

Medical Termination of Pregnancy | Delhi High Court Permits Woman To Terminate Pregnancy After Expiry Of Period Prescribed Under MTP Act

Live Law  

The Delhi High Court has permitted a 21-year-old unmarried woman to terminate an ongoing unwanted pregnancy, despite expiry of the period prescribed under the Medical Termination of Pregnancy Act. But because the doctors refused to terminate her pregnancy, considering that the period prescribed under the Act was over, the petitioner had to approach the court for a direction to the …

Gujarat High Court allows termination of minor rape survivor's 27-week pregnancy
1 year, 1 month ago

Gujarat High Court allows termination of minor rape survivor's 27-week pregnancy

India Today  

The Gujarat High Court on Friday permitted a minor rape survivor to terminate her 27-week pregnancy. The 16-year-old orphan girl from Ahmedabad had approached the HC, through a woman, seeking permission for the termination of her pregnancy under the provisions of the Medical Termination of Pregnancy Act. Before pronouncing the judgment, the court also spoke to the girl through video …

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life
1 year, 2 months ago

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life

Live Law  

Observing that abortion at such an advanced stage would "not only endanger the life of the minor victim but is likely to premature delivery of child", the Punjab & Haryana High Court has refused to direct termination of 33 weeks old pregnancy of a minor rape victim.The Medical board also opined that it will not be safe and would be …

Termination of Pregnancy Case: What is the MTP Act and Court Rulings on Abortion So Far
1 year, 3 months ago

Termination of Pregnancy Case: What is the MTP Act and Court Rulings on Abortion So Far

News 18  

A day after allowing a woman to terminate her 25-week-old pregnancy, the Supreme Court on Thursday asked All India Institute of Medical Sciences authorities to put it on hold. The petitioner sought permission to terminate her pregnancy in terms of Section 3 of the Medical Termination of Pregnancy Act 19712 and Rule 3B of the Medical Termination of Pregnancy Rules. …

Indian court to rule on landmark case of depressed woman who wants 26-week abortion
1 year, 3 months ago

Indian court to rule on landmark case of depressed woman who wants 26-week abortion

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A woman in India has …

Supreme Court divided on married woman’s right to abort 26-week pregnancy
1 year, 3 months ago

Supreme Court divided on married woman’s right to abort 26-week pregnancy

The Hindu  

A Division Bench of two women judges of the Supreme Court on Wednesday were split in their opinions about the decision of a married woman to abort her 26-week pregnancy and the Centre’s resolve to save the “unborn child”. Additional Solicitor General Aishwarya Bhati, for the Union government, however said the woman has no “absolute right of autonomy to exercise …

Supreme Court defers abortion a day after allowing woman to terminate pregnancy
1 year, 3 months ago

Supreme Court defers abortion a day after allowing woman to terminate pregnancy

India Today  

The Supreme Court directed doctors at AIIMS Delhi to defer the medical termination of a 26-week pregnancy of a married woman who was granted permission to abort the foetus a day before by another bench. The permission to abort was withdrawn on Tuesday after Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the court that the permission contradicted …

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce
1 year, 3 months ago

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce

Live Law  

The Delhi High Court has observed that for a married couple to be deprived of the conjugal relationship and of each other’s company is an act of extreme cruelty.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order granting divorce to a husband under Section 13 of the Hindu Marriage Act, 1956, …

'Can't Compel Rape Survivor To Continue With Pregnancy': Gujarat High Court Allows Minor Girl To Abort Over 19-Week Pregnancy
1 year, 4 months ago

'Can't Compel Rape Survivor To Continue With Pregnancy': Gujarat High Court Allows Minor Girl To Abort Over 19-Week Pregnancy

Live Law  

The Gujarat High Court today allowed the medical termination of a minor rape survivor's 19-week pregnancy while noting that a victim can not be allowed to continue with her pregnancy if she is unwilling.The bench of Justice Samir J. Dave observed thus while dealing with the plea moved by the elder sister of the 16-year-old rape victim seeking to terminate …

‘No Life Giver In World Like The Mother’: Gujarat HC Cites 'Skand Purana' While Allowing Minor Girl To Abort 17-Week Pregnancy
1 year, 4 months ago

‘No Life Giver In World Like The Mother’: Gujarat HC Cites 'Skand Purana' While Allowing Minor Girl To Abort 17-Week Pregnancy

Live Law  

The Gujarat High Court last week allowed the medical termination of a minor girl’s 17-week pregnancy. In its order, Justice Samir J. Dave referred to the following verse from the Hindu religious text Skanda Purana, the largest Mukhyapurana, to emphasise the value that mothers hold in our society: "नास्ति मातृसमा छाया नास्ति मातृसमा गतिः। नास्ति मातृसमं त्राणं नास्ति मातृसमा प्रपा।।" …

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court
1 year, 4 months ago

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court

Live Law  

The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient …

'How Can You Force Rape Survivor to Undergo Pregnancy?' SC Allows Abortion Plea
1 year, 4 months ago

'How Can You Force Rape Survivor to Undergo Pregnancy?' SC Allows Abortion Plea

The Quint  

The Supreme Court, on Monday, 21 August, observed that compelling a woman to carry a child conceived through rape goes against the fundamental principles of the Constitution of India. The top court made this statement while granting approval for the termination of pregnancy for a 25-year-old rape survivor who had filed a plea. After 26 weeks, she approached the high …

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