NEW DELHI: Supreme Court Monday found itself in a predicament on an abortion plea of a woman who sought its approval for termination of her over-six-month pregnancy over the discord with her husband, who opposed the plea on the ground that he also has a right over the unborn child.A bench of Justices B V Nagarathna and R Mahadevan said that termination of pregnancy can be allowed in case of rape and sexual assault or if there is some problem with the foetus, but a case like the present one stood on a different footing. It questioned where society would be headed if a woman could decide to abort on the ground that she was ill-treated or abused by her husband and in-laws.Stating that the child in the womb is because of love and the father has also a right over the unborn child, SC tried to pacify the petitioner to persuade her not to insist on abortion as the foetus is in a healthy condition. “It is normal that wife talks against husband and husband talks against wife but it does not mean that you have to terminate the pregnancy on that ground. It is not a case of sexual assault or single woman becoming pregnant. Where are we heading as a society if the wife says that she wants termination of pregnancy because of her fight with the husband and in-laws… What about the right of the father.”
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The petitioner, with whom the bench interacted virtually, said she did not want to carry the pregnancy and she wanted a divorce. But the husband said that he will take the child after birth and will care and pleaded with the court not to allow termination.As the bone of contention which sparked the feud was the man’s allegation about her character, the bench asked him to first file an affidavit before it to withdraw all allegations as a first step towards rapprochement. It posted the case for Wednesday.
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