SANDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court for seeking termination of pregnancy as per the provisions of the Medical Termination of Pregnancy Act, 1971.

(2.) Learned counsel for the petitioner argues that the marriage of the petitioner was solemnized with respondent No.7 on 27/1/2024 as per Sikh rites by performing Anand Karaj. Respondents No.7 to 9, however, were not happy with the dowry given at the time of marriage and started taunting and harassing the petitioner for bringing less dowry. In January 2024, the petitioner became pregnant from respondent No.7 (husband of the petitioner) who is currently working in Dubai, however, respondent No.7 abandoned the petitioner at her parental house stating that family of the petitioner should bear all the expenses pertaining to delivery and in case a female child is born, he would not take the petitioner back to her matrimonial home. Respondent No.7 thereafter left for Dubai on 1/5/2024 without informing the petitioner or her family members about his departure. The address of respondent No.7 at Dubai is claimed to be not known to the petitioner. Ever since then, the respondent No.7 has not made any attempt to contact the petitioner and has not even shared his contact details with her. It is contended that the petitioner intends to terminate her marital relationship with respondent No.7 under the provisions of the Hindu Marriage Act, 1956 at an appropriate stage, however, considering the fact that the petitioner has been abandoned by respondent No.7 and the petition for divorce cannot be filed due to the statutory requirement of the mandatory waiting period (noticing that the Anand Karaj had been performed on 27/1/2024 itself and the mandatory statutory period of one year for filing a petition for divorce has not elapsed since then), the continuation of the pregnancy is likely to prejudice her future and career. It is contended that the provisions of the Medical Termination of Pregnancy Act, 1971 and the rules framed thereunder allow a woman to exercise her autonomy over her body including her decision to opt for delivery of a child. Since the petitioner is not happy with her marriage and has taken a conscious decision to annul her relationship with respondent No.7 by filing an appropriate petition for divorce in accordance with law, the birth of a child shall have serious repercussions on the future prospects of the petitioner and would fasten her with a liability for bringing up the child under social ostracism and harassment. The child so born would also be deprived of love of the father and grand-parents. It is contended that the petitioner is herself dependent upon her parents and the child shall bring along additional expenses for taking care and providing the necessary amenities and the education which the petitioner is not in a position to afford.

(3.) The petitioner had also appeared in person before this Court, as identified by the counsel representing the petitioner, wherein she reiterated her desire to seek not only the termination of pregnancy but also annulment of her marriage by filing an appropriate petition as prescribed under law.