J&K High Court Stays Probe Into FIR Against Woman Accused of Terminating 5-Month Pregnancy Without Husband’s Consent

J&K High Court Stays Probe Into FIR Against Woman Accused of Terminating 5-Month Pregnancy Without Husband’s Consent

Jammu: The High Court of Jammu & Kashmir and Ladakh at Jammu has stayed the investigation into an FIR registered against a woman following a complaint by her husband, alleging that she terminated her five-month pregnancy without his consent, allegedly with the assistance of her sister.

Justice Rahul Bharti passed the order while hearing a petition filed by the woman and her sister challenging the criminal proceedings.

According to the allegations forming the basis of the FIR, the woman had allegedly terminated a pregnancy of about five months, which the complainant-husband claimed was conceived from him, without obtaining his consent. Her sister was alleged to have assisted her and was consequently arrayed as an abettor.

The Court noted that the husband approached the concerned police station and the FIR was registered on the same day, observing that there was no intervening time for the police to examine the nature of the allegations before registering the case.

Justice Bharti observed that the “tone and tenor of the contents of the FIR on the face of it do not inspire confidence about the narrative being set up” by the complainant.

Advocate Irfan Khan, appearing for the petitioners, relied upon the Supreme Court judgments in Neethu A.M. v. State of Kerala and A (Mother of X) v. State of Maharashtra & Anr.

Finding a prima facie case, the High Court issued notice to the respondents.

In the meantime, the Court directed that the investigation into the FIR shall remain stayed, subject to objections from the other side.

The matter has been listed for further hearing on October 23, 2026.