ASHISH JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the present case, at that relevant point of time when the order was passed by the learned Single Judge, the girl in question was minor and she has categorically stated before the Principal Registrar of this Court that she does not want to terminate the pregnancy. The present appellant, who is the father of the girl, has preferred the present writ appeal and when the matter was listed before this Court, the girl in question was already above 18 years of age.

(2.) This Court, as the girl was major, had directed the girl to give statement before the Principal Registrar of this Court on 11.05.2020 and the girl has given statement stating categorically that she has left her house on 09.08.2018 with Shubham on her own sweet will. She left for Punjab, both of them stayed at Amritsar and then later on, returned back to Ujjain. She has categorically stated that at no point of time, she was subjected to rape and at the behest of her father, a report was lodged with the police and Shubham is in jail. She has also stated categorically that she does not want to terminate the pregnancy in fact she wants to marry Shubham and because she wanted to give statement before the Principal Registrar, she has been chased out of the house at this advance stage of pregnancy. She has also stated that she is aged about 22 years and she wants to marry Shubham.

(3.) Section 3 of the Medical Termination of Pregnancy Act, 1971 reads as under:-