The Supreme Court has dismissed a plea by a man for damages from his estranged wife and the doctors who terminated her pregnancy without his nod. A three-judge bench presided over by Chief Justice Dipak Misra said it was a woman's prerogative to terminate an unwanted pregnancy as it would naturally affect her mental and physical health.
The court also cited provisions of the Medical Termination of Pregnancy Act to point out that it does not lay down any necessity for the consent of husband for abortion.
"The Medical Termination of Pregnancy Act, 1971, nowhere provides for the express or implied consent of the husband. The wife is the best judge and is to see whether she wants to continue the pregnancy or to get it aborted," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.
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