‘Woman has right to decide whether to continue pregnancy’:Indore High Court ruling in couple dispute; says husband’s consent not required

The Indore Bench of the Madhya Pradesh High Court has delivered an important judgment on women’s reproductive rights. The court has allowed the termination of a 13-week pregnancy of a married woman. It also clarified that if the pregnancy is within the legally prescribed limit, a woman has the right to decide whether she wants to continue with the pregnancy or not. The consent of the husband is not required for abortion. The order was passed by the court on 29 June 2026. The case pertains to a high-profile couple from the Indore division. The couple had been married for two years, during which disputes began to arise. Importantly, the wife had become pregnant during this period and was 13 weeks into her pregnancy. As the marital dispute intensified and the wife separated from her husband, she did not wish to continue the pregnancy, considering the prevailing difficult circumstances and concerns about her future. Husband withdrew consent after initially agreeing to separation The woman, through her advocate GP Singh, filed a petition in the High Court seeking permission for abortion. The court was informed that the couple had decided to end their marital relationship, but later the husband changed his stance and withdrew from his earlier position. In such a situation, continuing the pregnancy was causing the woman mental stress, insecurity, and emotional distress. Notice issued to husband, yet he did not appear A notice was issued to the husband in the case, and it was duly served. However, he did not appear during the court proceedings. The state government also did not raise any objection to the petition. Court recognized reproductive freedom as a fundamental right In its order, the court referred to the Supreme Court’s landmark judgment in ‘X vs Principal Secretary, Health and Family Welfare’. The High Court observed that under Article 21 of the Constitution, a woman has the right to bodily autonomy and reproductive decision-making. Court notes mental and physical impact on woman