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Having considered the petitioner’s affidavit, the medical opinion attached to the petition, and the provisions of the Medical Termination of Pregnancy Act, 1971, the bench concluded that all statutory prerequisites for a lawful termination had been met. Accordingly, the court directed that the petitioner may proceed with the termination of her pregnancy without obtaining any additional judicial authorization.

The operative order of the court reads: “The petition is allowed. The petitioner is permitted to terminate her thirteen‑week pregnancy in accordance with the Medical Termination of Pregnancy Act, 1971. No further permission from this Court is required.”

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By allowing the petition despite the husband’s non‑representation, the Madhya Pradesh High Court reaffirmed that spousal consent is not a prerequisite under the Medical Termination of Pregnancy Act, 1971. The decision underscores the statutory intent to place the decision‑making authority with the woman and her medical adviser, and it clarifies that a spouse’s failure to appear or be represented does not affect the maintainability of a petition seeking termination of pregnancy.

The ruling adds to the growing body of jurisprudence from various High Courts that interpret the Medical Termination of Pregnancy Act, 1971, as safeguarding a woman’s right to reproductive choice without imposing spousal consent requirements. It also serves as a procedural reminder that parties who choose not to participate in proceedings cannot obstruct the statutory remedy available to the petitioner under the Act.

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