2012 AIR CC 1401 (P&H) ::(2012) 2 MarriLJ 232 ::(2012) 2 CivilCourtC 18 ::(2012) 1 RecCriR 836 ::(2012) 1 RecCivR 978 ::AIR 2012 (NOC) (SUPP) 1083 (P. & H.) ::AIR 2012 (NOC) (SUPP) 986 (P&H) ::2012 (3) KLT SN 118 (P&H) ::(2012) 3 Pun LR 267

Punjab And Haryana High Court

Hon'ble Judge(s): Jitendra Chauhan , J

(A) Medical Termination of Pregnancy Act (34 of 1971) S. 3 (4)(b)— Medical Termination of Pregnancy Rules (1975), R 8 — Termination of unwanted pregnancy by wife — Consent of husband — Not necessary {" Where relations between husband and wife were strained and wife lived separately however in proceedings under S. 125 of Criminal P.C. the wife agreed to live with husband under one roof and also consented to matrimonial sex, it does not mean that she has consented to conceive a child. It is the free will of the wife to give birth to a child or not. The husband cannot compel her to conceive and give birth to his child. Mere consent to conjugal rights does not mean consent to give birth to a child for her husband. The wife did so in order to strength the matrimonial ties. When the husband and wife came to know that the wife was pregnant from her husband. She did not want to give birth to a child and showing unwillingness got her pregnancy terminated. "}

(B) Medical Termination of Pregnancy Act (34 of 1971) S. 8 — Civil P C (5 of 1908), O 7, R 11 — Termination of unwanted pregnancy by wife — Consent of husband not taken — Husband cannot sue medical practitioners for compensation — Since no offence or tortuous act was committed by medical practitioners — Rejection of plaint, proper — Husband directed to pay costs of Rs 25,000/- (Para 22,30,31)