Paternal rights in obtaining injunctions for abortions?

To my understanding the MTP Act 1971 allows for abortions only under the following conditions :

(i) A risk to life of a pregnant woman; or

(ii) A risk of grave injury to her physical and mental health; or

(iii) If the pregnancy is caused by rape; or

(iv) There exists a substantial risk that, if the child were born, it would suffer from some physical or mental abnormalities so as to be seriously handicapped; or

(v)  Failure of any device or method used by the married couple for the purpose of limiting the number of children; or

(vi) Risk to the health of the pregnant woman by reason of her actual or reasonably foreseeable environment

Shouldnt any other condition be construed as illegal ?  BTW, it does not appear to be a paternal or maternal right - as more of a medical need, as it involves a human life.   If the 6 conditions are not met,  anyone should be able to initiate action to prevent it - possibly including a police complaint!

It is new case.  There is no wrong in filing such suit.

1. Your question though interesting comes under "parens-patriae" principals and unless you know what it is I feel you will have tough time convincing a Judge to issue restraining Order. (Means you need a seasoned advocate who knows parens-patriae). Or for its glimpse see my oldest writings here in LCI on parens-patriae.

2. However since you shall rebound with dozen questions on my opening comment so here are reasoning lollipop; that is during the first trimester (12 weeks of gestation!), a pregnant woman  [we donot know from your query how old is the fetus!] cannot abort at her will and pleasure. Hence there is no question of “abortion on demand”. S. 3 of the MTP Act is only an enabling provision to save the resident Medical Practitioner from the purview of the IPC. It has also been stated by the Indian Courts that “termination of pregnancy under the provision of the Act, is not the rule and it is only an exception”. In other words if your wife aborts the child as per her sweet will under guise of MTP Act then The Act does not actually legalize abortion but only lays down certain circumstances in which it is permitted – that is merely liberalizing in that sense.

3. The Act allows medical termination of pregnancy up to 20 weeks gestation. The law however is unclear about an abortion beyond 20 weeks done to save a woman’s life. Even SC in three mind twisting decisions in recent past in case of Ref.: Nand Kishore Sharmav. Union of India [AIR 2006 Raj. 166], Dr.Nikhil Dattar & Ors. vs. Union of India [(2008) 110 BOM.L.R.3293] and Chandigarh Administration vs. Nemo [MANU/PH/0397/2009] choose to be silent on abortion beyond 20 weeks. 

4. However to the best of my knowledge relief you are seeking is very much possible based on a healthy woman (wife) husband's plea provided good homework on enabling Law reading the Act and past case decision as stated above could be adduced before court of Law reasonably.

Notes:
A. @ MRRpersonality's (iii) & (iv) even SC is silent which you will see if your hired seasoned advocate care to read down the ref. decision I quoted in my above reply.
B. Also ask your seasoned advcoate to read throughly Roe V. Wade to Fetal Pain Legislation of USA as once argument progresses on validity of "injunction releif" these two are bound to pop up by opposing seasoned advocate of wife's side. [MTP The Act was enacted keeping these two forward American Jurisprudence on the Indian milieu in mind by the Legislative Select Committee discussions after receiving round of public comments]

Adv. Rajeev, if I could please have a little more information as to regarding the following:

1. If the husband wishes to file for an injunction, under which section and act will he charge it?

2. If he obtains the injunction, what is the next procedure for obtaining custody of the child after its birth?

3. And finally, if he wishes to file for a divorce, will he do so on grounds of cruelty as per the Hindu Marriage Act?

Would appreciate it greatly if you could help me out with the above.

one should read a few articles on Abortion laws i have read here for a better understanding of the subject:
*  Abortion laws

*   Where exactly is the line drawn between contraception and abortion?

*   When did abortion come to be recognized as proper on medical grounds?

*   Where a pregnancy is terminated on the ground of risk of injury to health, how great must the risk be to justify the termination?