The Punjab and Haryana High Court recently held that the consent of the husband was not mandatory if a married woman wants to terminate her pregnancy. A single bench of Justice Suvir Sehgal observed in its order dated December 24, 2025, that the Medical Termination of Pregnancy Act, 1971, does not mention the requirement of express or implied consent of the husband.
The decision came during the hearing of a writ petition filed by a 21-year-old woman from Punjab seeking the court’s approval for the termination of her pregnancy. The woman, who got married on May 2, 2025, was in the second trimester of her pregnancy. The High Court noted that the petitioner had a turbulent relationship with her husband and had divorce proceedings going on.
The High Court noted that the woman was depressed
In a previous hearing, the court had directed the Post Graduate Institute of Medical Education and Research (PGIMER) to form a medical board to examine the petitioner. The medical board, in its report dated December 23, 2025, stated that the patient (petitioner) had a single live intra-uterine fetus with gestational age 16 weeks + 1 day. The report further mentioned that the patient had symptoms of depression and anxiety for the past few months. “The patient has symptoms of depression and anxiety for the last 6 months, and has been undergoing treatment with minimal improvement. She is severely distressed about her pregnancy amidst divorce proceedings. It is recommended that she continue to undergo her psychiatric treatment and counselling. She is psychologically fit to consent,” the medical report mentioned. “Patient is medically fit to undergo MTP (medical termination of pregnancy),” the report added.
After referring to the report of the medical board, the High Court said, “It is evident from the above report that medical experts have opined that the petitioner is in a fit medical condition to undergo termination of pregnancy.” The court said that the “sole question that requires to be considered is whether her estranged husband’s consent is required before termination.”
Married woman is the best judge regarding her pregnancy: HC
“A married lady is the best judge to evaluate as to whether she intends to continue with pregnancy or get it aborted. Her willingness and consent are all that matter,” the court mentioned in the judgment accessed by OpIndia. “An examination of the provisions of the Act shows that the petitioner fulfils the conditions laid down under Section 3 of the Act. As per the medical report, the gestation period of the fetus is less than twenty weeks and falls within the maximum period prescribed under the Act,” the court noted. “This Court, therefore, does not find any obstacle in permitting the petitioner to undergo an abortion, “the court held, directing that the petitioner was eligible to get the pregnancy terminated from the PGIMER or any other authorised hospital.
