Delhi High Court Allows Woman To Terminate 22-Week Pregnancy Resulting From Sexual Relations Established On False Promise Of Marriage

The Delhi High Court has permitted a 30-year-old unmarried woman to undergo medical termination of her 22-week pregnancy which resulted from sexual relations established with a man on the false promise of marriage

Justice Ravinder Dudeja noted that the pregnancy was unwanted, which had caused the woman "severe physical and mental trauma" and was also the subject matter of an FIR against the man.

The Court said that the "suffering of the victim cannot be compounded if she is forced to continue the pregnancy", adding that she is bound to face social stigma which may not permit the "scars left by the defilement of her body to heal".

It was the woman's case that she was in a live-in relationship with the man for about two years on the assurance of marriage, during which he repeatedly established physical relations with her on the false pretext of marrying her.

It was said that in November-December last year; she first conceived and was compelled by the man to terminate the pregnancy through medicines. However, again in June, she became pregnant.

It was her case that when she refused to undergo another termination, the man assaulted her and thereafter abandoned her. A complaint was then filed by her against the man which culminated into an FIR.

On Court's direction, a medical board was constituted which confirmed that the woman was clinically fit for termination of pregnancy and that there was no risk involved in her undergoing the procedure.

As the woman, while appearing virtually, confirmed that she was taking cautions and well informed decision while seeking termination of pregnancy, the Court observed that the decision of the victim whether to give birth to the conceived child or to terminate the pregnancy has to be given primacy.

“The petition is therefore allowed with directions that the petitioner be permitted to undergo medical termination of pregnancy forthwith either today or tomorrow at AIIMS Hospital, with the Investigating Officer ensuring that foetal tissue and other relevant samples are collected and preserved for DNA examination at the FSL for the purpose of investigation in FIR…,” the Court said.

Title: XX v. GOVT OF NCT OF DELHI AND ANR

Citation: 2025 LiveLaw (Del) 1141

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