High Court

Bombay High Court on abortion: Citing judicial discretion, the Bombay High Court denied marriage to a 28-year-old woman who was 26 weeks pregnant. The court also said that there is a lack of mechanism to make the father of the child socially responsible in such cases. The petitioner claimed that she became pregnant from her male friend when she was breaking up with her husband.

The court expressed concern over the serious situation

A bench of Justice AS Gadkari and Justice Neela Gokhale expressed concern over this serious situation. The court emphasized that the biological father will also have to bear the same responsibility. The court also expressed concern over the lack of effective system in this matter. The bench of judges said that abortion cannot be allowed in the interest of legal cleanliness.

What did the woman say in the application?

The woman said in her application, 'I want to abort my unwanted pregnancy. I also have a four-year-old daughter and I am separated from my husband. Our divorce proceedings are going on. I was in a relationship with a friend and got pregnant during that time.'

What did the court say?

In this case, the court accepted that the woman has complete right over her body but the medical report says that abortion can cause some physical problems.

The court further said that the woman wanted to have an abortion due to social stigma. Along with this, the woman has also filed an application in the court considering her financial condition. The court further said that all these reasons cannot be considered an exception to abortion. The court emphasized that after the birth of the child, the petitioner can consider the process of adoption.