Marital disputes cannot be grounds for abortion, rules Supreme Court

The Supreme Court on Monday delivered a significant judgment stating that marital disputes or the exchange of bitter words between a husband and wife cannot form the basis for performing an abortion. A bench comprising Justice BV Nagarathna and Justice R. Mahadevan clarified that a woman cannot decide to undergo an abortion solely due to quarrels with her husband.

In this case, a woman had applied for an abortion at 25 weeks of pregnancy, which the husband was opposing. The Supreme Court has directed the husband to file an affidavit to withdraw all allegations made against his wife verbally, in writing, or through digital media. These allegations include conversations held on a family WhatsApp group. The Court further stated that the husband should express remorse for his allegations and tender an apology to the wife.

During the hearing, the Supreme Court bench observed that the differences between the couple had escalated to such an extent that the woman desired an abortion during her first pregnancy, despite there being no medical reason to do so. The bench questioned whether every marital disagreement should lead to a decision for abortion. The Court remarked sternly, "We cannot allow abortion due to the exchange of bitter words. Your ego destroys everything."

Counsel for the woman informed the Court that during a meeting between the couple, the husband had threatened that he would not continue the marriage if she underwent an abortion. It was further alleged that the husband had defamed the wife on a family WhatsApp group by making accusations about her character and alleging involvement in unmarried relationships. The woman remained firm in her decision, and her counsel submitted that continuing the pregnancy could cause her severe mental trauma and could affect the health of the child. The counsel also stated that the woman does not wish to continue the marriage.

On the other hand, the husband's counsel denied sending any messages regarding character on WhatsApp, but claimed they possessed evidence against the wife which they had deliberately hidden as they were more interested in saving the relationship. The Supreme Court told the husband that if he is ready to apologize, such allegations and content can be withdrawn and left in the past. The Court emphasised that the unborn child is also his, and the exchange of allegations between the couple cannot be considered sufficient grounds for abortion.

The bench asked the woman's counsel, "Are you still not joined in mutual matrimony?" The Court noted that the couple's marriage is still intact and the dispute has not changed their marital status. The Court further added, "This is not a case of sexual assault or rape. This is within married life. If tomorrow a woman says, 'I want an abortion because I had a fight with my husband', where are we heading?"

The Court clarified that abusive or bitter words used by the husband or the in-laws cannot automatically become a reason for abortion. The Court distinguished this situation from cases where a woman is already divorced. The Court questioned whether one would undergo an abortion simply because the husband says something, stating that couples should be capable of enduring differences in relationships. The Court has ordered the husband to withdraw the allegations against the wife on the family WhatsApp group and apologize publicly. The Court also noted that the fetus is healthy and the woman is medically fit; therefore, there is no medical reason for abortion. The next hearing of this case is scheduled for November 4.

Last week, the Court had also intervened in this dispute and requested the estranged couple to give their six-month-old married life one more chance before deciding on the woman's application for abortion.