‘Mature' ex-partner offered to pay for MTP at 25+ weeks: HC
Mumbai: Even as Bombay high court permitted a woman to terminate her over 25-week pregnancy, her estranged partner offered to be with her during the "entire ordeal" and bear the expenses.
"He immediately offered to deposit an amount of Rs 1 lakh in the account of the petitioner for medical and legal expenses to be incurred by her. He appeared to be a mature person and accepted responsibility. He also assured us that he will accompany the petitioner to the hospital, if she so desired, and remain with her during the entire ordeal," said Justices Revati Mohite Dere and Neela Gokhale in the June 19 order.
The woman (31), sought the HC's nod as she had crossed the 24-week legally permissible limit.
Her petition stated the pregnancy was due to the failure of a contraceptive device used by her and her then partner. As they are no longer in a relationship, she was not desirous of continuing with the pregnancy. Her parents were not aware of her pregnancy and would not support her, leaving her to fend for herself. She was also between jobs.
Her advocate, Nikita Raje, said she has no financial or emotional support to carry the pregnancy to full term.
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Her former partner was unwilling to offer any assistance.
Following the HC order, the J J Hospital medical board examined her and found no foetal anomaly. The judges took note of the "pertinent" opinion on her psychiatric evaluation. The woman had a history of sadness and stress, alcohol consumption, smoking, and experimenting with cannabis. She had undergone surgeries for illnesses in the past. However, she was found fit to make a decision for medical termination of pregnacy (MTP) and to undergo the MTP procedure.
The judges interacted with the woman. She appeared to be "extremely disturbed having to face these challenges".
"The petitioner has thus clearly made a conscious decision to terminate the pregnancy," they said.
Considering a Supreme Court decision that the pregnant person's view must be regarded, the woman's right to reproductive freedom, and the psychiatric evaluation, the judges were "satisfied that the continuance of the pregnancy shall adversely affect the already disturbed psychological condition of the petitioner".
Finding the woman "was left in a lurch by her own circumstances" as well as her partner's refusal to support her, "despite being an active participant in bringing about the present situation," the judges permitted her to implead him. They accepted his offer and directed him to deposit the amount the amount in the woman's account.
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