AARTI ARORA Vs. FORTIS HOSPITAL

JUDGEMENT

(1.) Through the instant writ petition cast under Article 226 of the Constitution of India, the petitioner, a tricenarian married woman, craves for issuance of directions upon the official respondents to terminate her pregnancy, without her husband's consent. The petitioner claims her pregnancy to be medically terminable on account of her pregnancy length not exceeding the period prescribed for termination in The Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the 'Act of 1971').

(2.) The marriage of the petitioner was solemnized with one Lovish Batra on 22/8/2024, however, immediately thereafter, she was subjected to cruelty by her in-laws family on account of bringing less dowry. Moreover, the husband of the petitioner also maltreated her and he even brought a portable camera twice in their bedroom to secretly record their personal moments. Not only this, the business of the petitioner's husband also closed down and he became dependent on the petitioner and her parents for day to day needs and expenditure.

(3.) Despite all the atrocities, the petitioner went on performing her matrimonial obligations and after approx. 1 1/2 months of her marriage, the petitioner came to know about her pregnancy, whereupon, she informed about it to her husband and also informed him that their marital life has just begun and their financial condition is also not stable, therefore, she is not mentally prepared for the baby. However, in order to restrain the petitioner from aborting pregnancy by taking contraceptive measures within the requisite period, the husband of the petitioner orchestrated the scenario of love and affection towards her. However, the atrocities upon the petitioner did not pause and she was manhandled by her in-laws family, which resulted in hers suffering minor pain and mental trauma. Consequently, the petitioner had to depart from the company of her husband and had to come to her parents house. The petitioner also made a police complaint about the atrocities committed upon her. Moreover, owing to the atrocities (supra), the petitioner started bleeding on 3/12/2024, whereupon, she was taken to Iqbal Nursing Home by her parents. However owing to lack of proper treatment, the petitioner's parents also took her to DMC Hospital, Ludhiana, where she remained admitted from 3/12/2024 to 6/12/2024. In the medical summary report (Annexure P-3) prepared at the time of petitioner's discharge from hospital, it was specifically observed that the petitioner is under stress and a victim of domestic violence.