In laws forcing to conceive while continuing health issues what to do
In laws forcing to conceive while continuing health issues what to do
13-Dec-2023 (In Divorce Law)
Respected sir/MADAM .. M a 29 year old married Muslim girl working as a pediatrician doctor.sufferring from type 1 diabetes hypertension and heart disease and underwent angioplasty in 2015. With so many health issues my husband in laws are forcing me to concieve.which I am not comfortable.he has issues with everything of mine.kindly suggest what step can I take
Depends on what relief you want.
However, anything demanded by force that too from a person who is mentally, physically n medically not prepared for it is an offence inspite of the fact that it could fall within the marital obligations n expectations of your husband n in-laws.
In many cases the Hon'ble Supreme Court and High Courts has extended permission to terminate pregnancy on medical grounds when husband and in laws resisting the same. In the above case you are having sufficient grounds that to medical grounds to go for termination of pregnancy since you are not comfortable with to conceive a child. From your question it is not clear whether you are carrying a baby or not. Anyway you can get a legal order from High Court so that your husband and in laws cannot force you to conceive when you are not comfortable with health. More particulars in this regard are found in the following Act.
The Medical Termination Of Pregnancy Act, 1971
3. When Pregnancies may be terminated by registered medical
practitioners.-
(1) Notwithstanding anything contained in the Indian Penal Code (45 of
1860), a registered medical practitioner shall not be guilty of any
offence under that Code or under any other law for the time being in
force, if any pregnancy is terminated by him in accordance with the
provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be
terminated by a registered medical practitioner,-
(a) where the length of the pregnancy does not exceed twelve
weeks if such medical practitioner is,
or
(b) where the length of the pregnancy exceeds twelve weeks but
does not exceed twenty weeks, if not less than two registered
medical practitioners are.
Of opinion, formed in good faith, that,-
(i) the continuance of the pregnancy would involve a risk to the life of the
pregnant woman or of grave injury physical or mental health ; or
(ii) there is a substantial risk that if the child were born, it would
suffer from such physical or mental abnormalities as to be seriously
handicapped.
Explanation 1.-Where any, pregnancy is alleged by the pregnant woman to have
been caused by rape, the anguish caused by such pregnancy shall be presumed to
constitute a grave injury to the mental health of the pregnant woman.
Explanation 2.-Where any pregnancy occurs as a result of failure of any device
or method used by any married woman or her husband for the purpose of
limiting the number of children, the anguish caused by such unwanted pregnancy
may be presumed to constitute a grave injury to the mental health of the pregnant
woman.
(3) In determining whether the continuance of pregnancy would involve such
risk of injury to the health as is mentioned in sub-section (2), account may be
taken of the pregnant woman's actual or reasonable foreseeable environment.
(4) (a) No pregnancy of a woman, who has not attained the age of eighteen
years, or, who, having attained the age of eighteen years, is a lunatic, shall be
terminated except with the consent in writing of her guardian.
(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated
except with the consent of the pregnant woman.
This is left to your choice, kindly consult your physician for fitness and do what ever you want, first of all you should be fit and bear the pregnancy , and your health issue is complicated and without the consult of your physician we cannot tell you how you are fit to become mother , medical fitness may give you proper suggestions and also advise how to balance your health in every stage.
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