Introduction

In a poignant ruling, the Punjab & Haryana High Court has permitted the termination of pregnancy for a married woman who was allegedly sexually assaulted by her husband. The case, marked by the profound trauma endured by the petitioner, underscores the court’s sensitivity to issues of dignity and wellbeing in cases of marital sexual violence.

Arguments of Both Sides:

The petitioner, represented by Sumit Puri of M/s Vaakya Legal, sought termination of her pregnancy, citing the unwanted relationship forced upon her by her husband and the resultant trauma she endured. Despite her pending divorce plea, the petitioner expressed her unwillingness to continue the relationship or bear the child. On the other hand, the state, represented by Akshita Chauhan, DAG Punjab, did not contest the petitioner’s plea, acknowledging the gravity of the situation.

Court’s Judgment:

Justice Vinod S. Bhardwaj, delivering the judgment, empathetically acknowledged the petitioner’s plight and the psychological toll of continuing the pregnancy. Recognizing the child’s potential as a reminder of the trauma endured by the mother, the court emphasized the importance of preserving dignity and minimizing further harm. Referring to legal precedents and the petitioner’s harrowing experiences of marital abuse, the court underscored the need to prioritize the overall wellbeing of the mother and potential child.