Introduction:

The Kerala High Court is set to deliberate on a pivotal question—whether a woman, in the midst of divorce proceedings, can claim a change in circumstances for seeking medical termination of pregnancy. The petitioner, a 25-year-old woman, seeks termination at 20 weeks citing divorce amid allegations of cruelty and marital rape. Rule 3(B) of the Medical Termination of Pregnancy Rules 2003 allows termination due to a change in marital status during an ongoing pregnancy. The court, led by Justice Devan Ramachandran, grapples with the interpretation of “contemplation of change” as a valid reason. The husband expresses readiness to accept the child, prompting the court to challenge traditional notions of acceptance and equality.

Arguments of Both Sides:

The petitioner argues that her ongoing divorce proceedings and the associated emotional distress justify termination. The court weighs the legal implications, acknowledging the autonomy granted by Indian law up to 24 weeks. The husband’s counsel asserts willingness to accept the child, prompting the court’s rebuke for perpetuating patriarchal norms. The court appoints an amicus curiae and previously constituted a medical board, which reported severe psychiatric scars due to the ongoing divorce and pregnancy.

Court’s Judgement:

The court emphasizes the need for a legal perspective on the contemplation of a change in marital status. While recognizing a woman’s autonomy, the court directs the husband to appear in person to clarify intentions, emphasizing equal partnership over patriarchal attitudes. Concerned about the petitioner’s well-being amid a challenging divorce, the court appoints an amicus curiae and considers the psychological impact as crucial. The case is adjourned for further hearing.