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HC urges couple to resolve dispute amicably in pregnancy termination case

Jan 30, 2025 06:56 AM IST

MUMBAI: Bombay HC urged a couple to amicably resolve marital issues after wife sought permission for abortion, citing discord; further hearing on Feb 6.

MUMBAI: The Bombay High Court on Monday advised a couple to attempt an amicable resolution of their marital dispute after the wife sought the court’s permission to terminate her 20-week pregnancy, citing matrimonial discord.

HC urges couple to resolve dispute amicably in pregnancy termination case
HC urges couple to resolve dispute amicably in pregnancy termination case

A division bench comprising Justice Ravindra Ghuge and Justice Pravin Patil observed that the differences between the couple were not irreconcilable and encouraged them to resolve their issues amicably.

The couple got married in May 2023. Subsequently, the woman had approached the court after her husband, a farmer, allegedly questioned her character, claiming the child was not his and refusing to accept the baby. She also alleged that her husband frequently taunted her, stating that he had never intended to marry her and was in love with another woman. In addition, the woman had also filed a domestic violence complaint before a magistrate’s court in Pune.

In her petition, she sought medical termination of pregnancy, citing her strained relationship with her husband. However, after interacting with both parties, the court noted that their differences were primarily misunderstandings and accusations—such as the wife staying with her parents for extended periods and the husband prioritising his parents’ opinions. The bench remarked that both individuals were mature enough to resolve their issues.

The court has directed the couple to meet at the Pune magistrate court premises for three days this week in an effort to reconcile. It has also instructed lawyers on both sides to facilitate a constructive dialogue, emphasising that creating a congenial atmosphere is crucial, especially since this would be their first child.

Additionally, the court suggested appointing a trained mediator, if necessary, to help rebuild trust between the couple for the welfare of the child.

“The wife has stated that if her husband is willing to take good care of the child and treat her properly, she sees no reason to seek a medical termination of the pregnancy, considering that this would be their first child,” the court noted.

The matter is scheduled for further hearing on February 6.

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