XYZ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Writ Petition has been filed seeking for a direction and permission to the petitioner for grant of medical termination of pregnancy.

(2.) On a query being put to the counsel for petitioner, he accepts the fact that the petitioner herein is a married lady aged about 29 years of age. Further from the pleadings of the writ petition, it is also revealed that the petitioner has got conceived from the respondent No. 5. In paragraph 8.2 of the present Writ Petition itself, the petitioner has accepted the fact that the petitioner has got conceived after her marriage with the respondent No. 5. The petitioner has also provided a date 28/11/2022, to be the date of her marriage with the respondent No. 5. The marriage certificate also is enclosed along with writ petition as (Annexure P/3).

(3.) Thus, from the aforegiven facts and circumstances of the case, it is apparently clear that the petitioner did not get conceived because of any sex crime committed upon her without her consent and knowledge. The petitioner is a married lady there is no claim of the petitioner that she got conceived by any other person other than her husband, neither has the petitioner been able to make out a case seeking for permission for medical termination of pregnancy on the grounds which are otherwise provided under Sec. 3(2)(a)(b). For ready reference sub-Sec. 2 of Sec. 3 of the Medical Termination Pregnancy Act 1971 is being reproduced here-in-under:- 3(2) Subject to the provisions of sub-sec. (4), a pregnancy may be terminated by a registered medical practitioner--