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J&K&L High Court Stays FIR Investigation Against Wife for Pregnancy Termination Without Consent

Verdictum
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Summary

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  • The Jammu & Kashmir and Ladakh High Court has stayed the investigation into an FIR against a woman for terminating her pregnancy without her husband's consent.
  • Justice Rahul Bharti noted concerns about the credibility of the allegations made by the husband, who filed the FIR shortly after the incident.
  • The FIR cites offences under Sections 126(2), 88, 351(2), 352, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, with the woman's sister also named as an abettor.
  • This ruling raises significant questions about consent in reproductive rights and will be revisited on October 23, 2026.

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