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Can She Abort Against Husband's Wishes?


Active Member
Sep 10, 2004
High Court has declined to provide immediate relief to a man who petitioned that his wife be stopped from terminating her pregnancy, but sent notices to the woman and the central government.

Rajeev Nandi sought the court's intervention saying it was against the law of natural equity to deny any right to the husband from preventing a wife from aborting his child.

"It is quite ridiculous that such a law was passed in the country, without paying the least thought to the sentiments of a father," Nandi told IANS referring to provisions of the Medical Termination of Pregnancy (MTP) Act.

The Lucknow bench of the court, comprising Justice Jagdish Bhalla and Justice M.A. Khan, Friday declined to provide immediate relief to the petitioner but issued notices to the wife Rakhi as well as the union government since the petitioner has challenged MTP Act.

"I have challenged the provisions of Section 3 (4)(b) of the Act which appear arbitrary," said C.B. Pandey, Nandi's counsel.

Rakhi, who is two months pregnant, has been insisting on going for an abortion - against Nandi's wishes.

According to Nandi, "I had an arranged marriage and have had no dispute with my wife, who suddenly changed her mind after she visited her parents in West Bengal recently.

"After failing to persuade her to get over the idea, I had no choice but to move the court. Now let us see what happens," Nandi told IANS.

What do you all think? Should a husband have a legal say in the abortion of his unborn baby?

I'm a bit "in the middle" on this topic. I agree, both parents should have a say in this. But I'm not so sure about it being a legal thing, that if the mother-to-be doesn't want to continue with the pregnancy, that she could be forced to upon the say-so of her husband/partner.
She didn't even need to tell him
If she was so determined on getting an abortion she should have just gone to the doctors and got it sorted out

I think that it is always the womans decision, Its her body, she will most likely be the one who as to bring the child up if they split up , she will most likely be the one who will have to stop workin and raise to the childif they stay together

Its like saying if the mother wanted to keep the child and the father didn't whats he gonna do take her to court for that too

I could never have an abortion, I don't think I would ever be able to forgive myself. But other people have other reasons and I don't have anything against them for doing it.
Most the time it is just because it is the wrong time in their life to be having a child.
They will get around to it one day if they are lucky enough to have the chance
While I don't believe in abortions for myself, I do feel for the guy here.

But saying that, even if he was to take the child at birth and raise it, it's the woman that has to go through the risk of pregnancy and birth and live with any health problems that may occur.

So in this case I'm with the woman, though like fastchz said, why didn't she just get it done on the quiet.
This is a difficult one because again the legal standing is that it's the womans right to chose.
Also the culture comes into it unfortunately, as in most things with sum cultures the man has the decision making ability and it's unusual for the woman to have much say at all so there is this thing about the husband having his authority questioned in this case.

However i do feel for the guy - to be told your going to be a dad then after the mother holidaying with her parents to then be told your not going to be a dad becauser the child is not wanted it's gotta hurt.

I feel that ultimately it is the mothers choice as it is her body but she needs to explain her reasons logically to her husband so he understands why she does not want this.

It's one thing to tell your partner you do not want his child but altogether to not give him a valid reason for such a decision and leave him wondering what he's done sooo wrong that you can't bear to bear his child.