Supreme Court Asks Estranged Couple to Reconsider Marriage Before Abortion Ruling

Supreme Court Intervention

The Supreme Court on Thursday urged an estranged couple to give their six-month-old marriage another chance before deciding on the wife's plea to end her 25-week pregnancy. A bench of justices BV Nagarathna, R Mahadevan and DK Upadhyaya warned that an irreversible decision taken during marital friction could bring a lifetime of regret if they reconcile later.

Medical Reports and Court History

The woman, who is in her mid-30s and experiencing her first pregnancy, left her matrimonial home on August 27 after alleging mental harassment and torture. Her counsel pointed to a medical board report from Mumbai's Grant Government Medical College and Sir JJ Group of Hospitals that noted her fragile mental state and warned her agony could worsen. Earlier, the Bombay high court dismissed her termination plea on October 26, stating the case did not fit the rules since the couple remains married and the foetus has no congenital anomalies.

Husband's Assurance and Next Steps

The Supreme Court bench asked the husband to reach out to his wife at her parental home or a neutral place to offer security and confidence. The husband's lawyer agreed to file a formal undertaking to maintain and care for both. The court adjourned the matter to Monday for the couple to discuss their differences and report back.

Context

The Medical Termination of Pregnancy Act and its rules set specific legal limits and categories for abortion in India, requiring court approval for procedures beyond certain gestational periods unless specific statutory grounds are met. Courts often balance statutory rules with medical opinions and the personal welfare of the parties involved in sensitive family disputes.