MEMORIAL OF PLANTIFF

BEFORE THE HON’BLE PRINCIPAL DISCTRICT JUDGE AT BANGALORE

CIVIL JURISDICTION
CIVIL SUIT NO/ 2356 [2024] FILED UNDER
Section 9 OF Code of Civil Procedure
&
Order VII Rule1 of the Code of Civil Procedure

IN THE CASE CONCERNING BREACH OF

MEDICAL TERMINATION OF PREGNANCY ACT 1971.

IN THE MATTER BETWEEN:

NAVEEN (Plaintiff), aged 38
No.234, Madhava Lane, HSR, Bangalore - 560103
VERSES
GOURI (Defendant), aged 28
No.234, Madhava Lane, HSR, Bangalore - 560103

On 15th June 2024

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Table of Contents
Index of Authorities Referred ................................................................................................................... 3

Abbreviations ....................................................................................................... 4
Statement of Jurisdiction ...................................................................................... 5
Statements of Facts ............................................................................................. 6
Statement of Issues.............................................................................................. 7
Arguments Summary ............................................................................................ 8
Arguments Advanced ..........................................................................................11
Prayer .................................................................................................................19
Annexures Attached ..............................................................................................20

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Index of Authorities Referred

1. The constitution of India 1950
2. The Medical Termination of Pregnancy Act 1971
3. The Hindu Marriage Act 1950
4. The code of Civil Procedure 1908
5. Hindu Minority and Guardianship Act, 1956
6. Hindu Succession Act 1956

Previous Case Laws:

Indian Case Laws:
CRIMINAL APPEAL NO. /2023 (@ SLP (Crl.) Dy. No. 33790/2023. XYZ vs State of
Delhi. – Supreme Court upheld the Foetus in the womb also have the right to live
International Case Laws:
U.S. Supreme Court officially reversed Roe v. Wade on Friday, declaring that the
constitutional right to abortion, upheld for nearly a half century, no longer exists

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Abbreviations
MTP Medical Termination of Pregnancy
CPC Civil procedure code
IPC Indian Penal Code
UOI Union of India
Govt Government

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Statement of Jurisdiction
As per section 9 of CPC, The Courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of a civil nature excepting suits of which
their cognizance is either expressly or impliedly barred.
[Explanation I].--A suit in which the right to property or to an office is contested is a
suit of a civil nature, notwithstanding that such right may depend entirely on the
decision of questions as to religious rites or ceremonies.
2
[Explanation II].--For the purposes of this section, it is immaterial whether or not
any fees are attached to the office referred to in Explanation I or whether or not such
office is attached to a particular place.]
Plantiff has filed a Plaint under Order VII of CPC before Honorable Court
As per the MTP ACT, aggrieved can file suit in any Court

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Statements of Facts
Parties:
• Naveen (Husband) - Age: 38
• Gouri (Wife) - Age: 28
Marriage:
• Naveen and Gouri have been married for five years. The marriage is
consummated in the first year and was unable to get pregnant due to medical
reasons
Pregnancy:
• Gouri is currently ten weeks pregnant as on 15th June 2024.
Wife's Wishes:
• Gouri desires to undergo a medical termination of pregnancy (MTP) due to
career aspirations where the Gouri is representing India in the Asian Games.
She has got selected from Track and Field event trials.
Husband's Wishes:
• Naveen disagrees with Gouri's decision and wishes to retain the pregnancy.
Legal Dispute:
• Gouri has scheduled an appointment for the MTP procedure.
• Naveen seeks legal intervention to prevent Gouri from undergoing the MTP.

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Statement of Issues
1. Whether a husband possesses any legal standing to challenge his wife's
decision to undergo a MTP.
2. Whether a woman's right to bodily autonomy extends to the decision to
undergo a medical termination of pregnancy (MTP) without spousal consent.
3. Whether the concept of spousal ownership over a pregnancy choice exists
under the applicable legal framework.
4. Whether the legal permissibility of MTP hinges solely on the presence of
medical reasons, or can it be based on non-medical grounds.

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Arguments Summary
The court may kindly show the mercy to stop defendant(wife) to not terminate a life
in the womb who is the child of the plaintiff(husband) too.

1. Whether a husband possesses any legal standing to challenge his wife's

decision to undergo a MTP.
a) YES. Husband possesses legal standing.
b) This is the violation of the Potential Misuse of the MTP Act as this
termination doesn’t comply with any of the reasons mentioned there since
defendant has not supplied any medical reasons.
c) As per the Section 6 of The Hindu Minority and Guardianship Act, 1956, the
father is the primary guardian. Unborn child also gets rights as per Article
21 of Indian Constitution. So, it’s father’s responsibility to save the child.
d) Article 14 of the Constitution of India reads as under: The State shall not
deny to any person equality before the law or the equal protection of the
laws within the territory of India.
e) Article 21 gives right to family life and right to parenthood. Terminating the
pregnancy infringes on his right to become a father and to have a family -
Protection of Life and Personal Liberty
f) The pregnancy is after 5years of the marriage first consummated after
much of medications, so husband is worried about the feasibility of
subsequent pregnancies as its uncertain
g) As per the Hindu Dharma, killing of foetus is going to affect the Karmic
cycle and Moksha

2. Whether a woman's right to bodily autonomy extends to the decision to

undergo a medical termination of pregnancy (MTP) without spousal
consent.
a) NO, woman’s right to bodily autonomy doesn’t extend to the MTP if spousal
consent is not there in this situation.

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b) As per the Hindu Marriage Act, section2, marriage is a sacrament also

where the unity of husband and wife is emphasized. So an autonomy over a
product as a result of mutual effort cant be given to just one spouse
c) The pregnancy was a planned pregnancy and both husband and wife are
equally responsible for the pregnancy. This is an implied agreement
scenario as per section 9 of Indian Contract Act. And this is clearly a
breach of the same.

3. Whether the concept of spousal ownership over a pregnancy choice

exists under the applicable legal framework
a) NO, currently there is no law which specify any special spousal ownership
of the pregnancy.
b) But Hindu Minority and Guardianship Act, 1956, the father is the primary
guardian until minor age. Unborn child is a minor. So, father got
guardianship over the pregnancy.
c) Sec 20. Right of child in womb - A child who was in the womb at the time of
death of an intestate and who is subsequently born alive has the same
right to inherit to the intestate as if he or she had been born before the
death of the intestate, and the inheritance shall be deemed to vest in such
a case with effect from the date of the death of the intestate.
d) Article 14 (Right to Equality) and Article 15(Prohibition of the
Discrimination) should give equal rights to both husband and wife in a
marriage
e) Since after marriage, it’s a union of two individuals and reproduction is not
possible without both of the parents involvement, the reproductive rights
should be transformed as a joint right upon marriage.
f) Husband can take all the custodial rights of the born child for the wife don’t
want the child

4. Whether the legal permissibility of MTP hinges solely on the presence of

medical reasons, or can it be based on non-medical grounds
a) NO, MTP cant be based on any non-medical grounds.

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b) As per the Section 3(4)(b) of MTP Act, it clearly describes the medical
grounds only and not a single non-medical grounds. And here defendant
wife clearly could not establish significant medical grounds which can lead
to the MTP

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Arguments Advanced

Issue1:
The Husband's Right to Fatherhood: A Legal and Ethical Argument Against
Unilateral Abortion
The decision to terminate a pregnancy is a deeply personal one, fraught with
emotional and ethical complexities. However, when a married couple faces such a
situation, the issue transcends the individual and becomes a matter concerning the
rights and desires of both partners. This essay argues that in the given scenario,
where the wife seeks an abortion without any medical justification, the husband
possesses a strong legal and ethical case against her decision.
Legal Standing of the Husband
Firstly, it's crucial to establish the husband's legal standing in this matter. Contrary
to a common misconception, a wife does not have absolute autonomy over her
body when it comes to pregnancy within a marriage. The husband possesses legal
rights regarding the unborn child.
Misuse of the Medical Termination of Pregnancy Act (MTP Act)
The wife's decision to terminate the pregnancy, particularly without any medical
reasons, can be seen as a violation of the MTP Act. This Act legalizes abortion under
specific circumstances, including threats to the mother's health or severe fetal
malformations. In this case, where the wife hasn't cited medical concerns, her
action could be considered a misuse of the legal framework intended for
safeguarding women's health.
Fetal Rights and Parental Responsibility
Section 6 of The Hindu Minority and Guardianship Act, 1956, establishes the father
as the child's natural guardian alongside the mother. This legal recognition extends
even to the unborn child. Furthermore, Article 21 of the Indian Constitution
guarantees the right to life. This right can be interpreted to encompass the unborn
child as well. Therefore, the husband has a legal and moral responsibility to protect
the child's right to life.

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Right to Fatherhood and Family Life

The wife's decision to terminate the pregnancy infringes upon the husband's
fundamental right to fatherhood and family life. Article 21 of the Constitution also
guarantees the right to a family. By denying the husband the opportunity to become
a father and experience parenthood, the wife's action undermines his constitutional
rights.
Uniqueness of the Pregnancy and Uncertainty of the Future
The essay highlights the unique nature of this pregnancy. After five years of marriage
and potentially undergoing significant medical interventions to conceive, the
husband has a legitimate concern regarding the feasibility of future pregnancies.
This creates a situation where this particular pregnancy holds immense value for
the couple's desire to have a family.
Religious Considerations
The essay acknowledges the Hindu Dharma's perspective on abortion. The belief
that terminating a pregnancy disrupts the karmic cycle and hinders the attainment
of moksha (liberation) adds another layer of ethical complexity to the situation.
While this argument may not hold legal weight, it underscores the husband's deep-
seated moral objections to the wife's decision.

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Issue 2:
A Delicate Balance: Navigating Bodily Autonomy and Shared Responsibility in
Unilateral Abortion Decisions
The decision to terminate a pregnancy is perhaps one of the most emotionally
charged and morally complex challenges a couple can face. While a woman's right
to bodily autonomy is a cornerstone of reproductive health, within the confines of
marriage, the question arises: can this right be exercised unilaterally, disregarding
the desires and well-being of the spouse? This essay argues that in certain
situations, the husband deserves a voice in the abortion decision, particularly when
the pregnancy was planned and the wife lacks compelling medical reasons.
Woman's Bodily Autonomy: A Fundamental Right, but Not Absolute
It is undeniable that a woman's right to control her body is fundamental. The ability
to choose whether or not to carry a pregnancy is a critical aspect of reproductive
freedom. The Medical Termination of Pregnancy Act (MTP Act) acknowledges this
right, legalizing abortion under specific circumstances. However, the act focuses
primarily on safeguarding the woman's physical and mental health. It is crucial to
understand that a woman's right to bodily autonomy may not be absolute in all
situations, particularly within the context of a marriage.
Marriage as a Shared Journey: Beyond Individual Rights
The Hindu Marriage Act, Section 2, defines marriage as a sacred union emphasizing
the "unity of husband and wife." This legal framework transcends individual rights
and emphasizes the creation of a partnership. When a married couple plans and
desires a child, the pregnancy becomes a product of a shared endeavor. The
decision to terminate then disrupts the journey embarked upon by both spouses.
Bodily Autonomy vs. Shared Responsibility: Implied Consent and Breach of
Agreement
The concept of implied consent becomes relevant in this instance. Section 9 of the
Indian Contract Act recognizes an implied promise in situations where the parties'
actions suggest an agreement. Here, planning the pregnancy signifies mutual
consent to parenthood. The wife's unilateral decision to terminate the pregnancy
can be viewed as a breach of this implied agreement. The husband's emotional and

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financial investment towards raising a child becomes suddenly disregarded,

creating a sense of injustice.
Balancing Rights: Communication and Consideration
The solution to this complex issue cannot lie solely in enforcing spousal consent for
abortions. This essay does not advocate for complete disregard for the woman's
right to choose. However, it suggests a framework for addressing such situations.
Open and honest communication is paramount. The wife's reasons for wanting an
abortion must be understood and addressed with empathy. Perhaps unforeseen
circumstances have changed her perspective, or medical concerns have arisen. The
husband, in turn, needs to express his desires and concerns in a respectful manner.
Exploring Options: Counseling and Compromise
Seeking professional help from a therapist or a counsellor could be a valuable step.
These professionals can offer a neutral space for open communication, exploring
the root of the wife's decision and facilitating a compromise if possible. Perhaps the
couple could explore alternatives, such as adoption or delaying parenthood,
respecting both individual wishes and the shared responsibility established through
planning the pregnancy.

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Issue 3:

Navigating the Gray Area: Reconsidering Reproductive Rights in Unilateral

Abortion Decisions
The decision to terminate a pregnancy is a profoundly personal one, laden with
emotional and ethical burdens. While a woman's right to bodily autonomy is a
cornerstone of reproductive health, the issue becomes more complex within a
marital context. This essay argues that in the absence of compelling medical
reasons for an abortion, the husband, as an equal partner in the marital union,
deserves a say in the decision, particularly when the pregnancy was planned.
The Flawed Argument of Spousal Ownership:
The notion that a husband possesses a legal right of ownership over the pregnancy
is flawed. Existing Indian laws don't explicitly grant a husband any special
ownership rights over the fetus. However, other legal principles offer a compelling
framework for considering the husband's perspective.
The Father's Guardianship: Beyond Birth
The Hindu Minority and Guardianship Act, 1956, establishes the father as the
natural guardian of the child alongside the mother. This legal recognition extends
even to the unborn child, suggesting a shared responsibility that begins before birth.
This guardianship right isn't absolute, but it highlights the legal recognition of the
father's involvement beyond simply procreation.
Equality for Both Spouses: A Constitutional Imperative
The Indian Constitution, through Article 14 (Right to Equality) and Article 15
(Prohibition of Discrimination), promotes a society where individuals, irrespective of
gender, have equal rights. Within a marriage, both husband and wife are considered
equal partners. Applying these principles to reproductive rights suggests that a
unilateral decision to terminate a planned pregnancy might be seen as
discriminatory towards the husband's equal right to parenthood.
Transforming Reproductive Rights: A Joint Decision

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Marriage signifies a union, a partnership. Reproduction, by its very nature, requires

the involvement of both spouses. This essay proposes a re-framing of reproductive
rights within a marital context. Perhaps, upon entering a marriage, reproductive
rights could be viewed as a joint decision, requiring mutual consent for major
decisions like terminating a planned pregnancy.
This approach doesn't advocate for complete abrogation of a woman's right to
choose. Situations might arise where unforeseen medical emergencies or a change
in the wife's physical or mental well-being necessitate an abortion. However, in
cases of planned pregnancies, the husband's desire for fatherhood deserves
consideration.
Seeking Solutions: Beyond Legal Rights
This essay acknowledges the limitations of a purely legal approach to this sensitive
issue. The focus should not be on imposing legal restrictions that infringe on a
woman's bodily autonomy. Instead, it's about fostering open communication and
exploring all possibilities.
This could involve seeking professional counseling to understand the reasons
behind the wife's decision, potentially unearthing unforeseen anxieties or concerns.
Perhaps exploring adoption as an alternative, or delaying parenthood, could offer a
solution that respects both individual needs and the shared marital bond.
Custody Rights: A Last Resort
The essay acknowledges the point that the husband could potentially seek full
custodial rights if the wife chooses to terminate the pregnancy but wants to
relinquish parental responsibility after birth. However, this is an extreme option with
a significant emotional toll on all parties involved, including the child. It should only
be considered as a last resort, after exhausting all other avenues of communication
and compromise.

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Issue 4:

Standing on Principle: The MTP Act and the Limits of Unilateral Abortion
Decisions
The decision to terminate a pregnancy is a profoundly personal one, fraught with
emotional and ethical complexity. While a woman's right to bodily autonomy is a
cornerstone of reproductive health, the issue becomes more nuanced within a
marriage. This essay argues that the Medical Termination of Pregnancy Act (MTP Act)
serves as a crucial legal framework for protecting women's health and safety during
abortion. When the wife seeks an abortion without any medical justification, the
MTP Act itself offers a compelling argument against such a decision.
The MTP Act: A Shield for Women's Health
The MTP Act, enacted in 1971, stands as a landmark legislation that safeguards
women's health by legalizing abortion under specific circumstances. Prior to this
Act, unsafe abortions were a leading cause of maternal mortality. The MTP Act
recognizes the importance of a woman's right to choose while emphasizing the
necessity of medical supervision to ensure safety.
Medical Grounds: The Cornerstone of Legality
Section 3(2) of the MTP Act meticulously outlines the permissible grounds for
terminating a pregnancy. These grounds are strictly medical, focusing on situations
where the continuation of the pregnancy poses a threat to the woman's life or
physical or mental health. Additionally, the Act allows termination in cases of severe
fetal abnormalities or pregnancies arising from sexual assault.
Non-Medical Grounds: Beyond the MTP Act
The MTP Act does not recognize any non-medical grounds for abortion. This is a
deliberate design to ensure that abortions are performed under the supervision of
qualified medical professionals and that the woman's health remains the top
priority. While personal circumstances or social pressure might influence a
woman's decision, the Act prioritizes medical considerations.
The Case at Hand: Lack of Medical Justification

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In the current scenario, where the wife desires an abortion but lacks any
demonstrably significant medical reasons, the MTP Act itself becomes a powerful
argument against her decision. Terminating a pregnancy without such justification
falls outside the legal framework established to protect women's health.
Beyond Legality: Ethical Considerations
While the MTP Act stands as a legal framework, there are also ethical
considerations at play. The decision to bring a child into the world is a significant
one, with both joys and responsibilities. In a marriage, when a pregnancy was
potentially planned, a unilateral decision to terminate can create a sense of betrayal
and emotional distress for the husband.
Seeking Solutions: Respectful Communication
The MTP Act should not be misused to justify an abortion without medical
justification. Open communication between spouses is crucial. The husband
should understand the reasons behind the wife's decision, and the wife should
respect the emotional investment he might have in the pregnancy. Perhaps
unforeseen circumstances have arisen, or anxieties about parenthood are
surfacing. Open communication could lead to solutions, such as seeking
professional counseling, exploring adoption, or delaying parenthood.
Respecting Rights and Responsibilities: Finding Common Ground
This essay does not advocate for complete disregard for a woman's right to choose.
However, it highlights the importance of respecting both the legal framework
established by the MTP Act and the emotional investment a husband might have in a
planned pregnancy. Finding common ground requires open communication,
exploring underlying concerns, and potentially seeking professional guidance.

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Prayer

Wherefore, the Petitioner humbly prays that this Hon'ble Court may be pleased to:
(a) Grant an ex-parte interim order restraining the Respondent (Gouri) from
undergoing a Medical Termination of Pregnancy (MTP) on the 10-week-old fetus until
the next hearing date of this case. This temporary injunction is necessary to prevent
irreversible damage to the Petitioner's right to fatherhood and the potential life of
the unborn child.
(b) Upon hearing the arguments presented in full, grant a permanent injunction
restraining the Respondent from undergoing the MTP.
(c) Declare that the Respondent's decision to terminate the pregnancy without any
medical justification is arbitrary and capricious, causing immense emotional
distress to the Petitioner.
(d) Award any compensation the Court deems fit to compensate the Petitioner for
the mental anguish caused by the Respondent's actions.
(e) Grant any other relief this Hon'ble Court deems fit in the interest of justice,
including an order for mediation or counseling to explore alternative solutions that
respect both the Respondent's well-being and the Petitioner's right to fatherhood.

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Annexures Attached
1. Plaint
2. Marriage Certificate
3. Pregnancy confirmation certificate

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