Bombay High Court Orders Release Of Husband Unjustly Detained In Rehab Center At Behest Of Wife
The Bombay High Court ordered the release of a detainee who had been forcibly kept at a rehabilitation centre at the behest of his wife unnecessarily holding that there was no medical evidence to support the same. The petitioner sought a writ of habeas corpus to locate his cousin brother (detainee). His real brother had contacted the petitioner, stating that detainee needed urgent hernia surgery.
A Division Bench of Justice Revati Mohite Dere and Justice Gauri Godse observed that, “We are not shown any medical papers of Pratap to show that he was required to be admitted to the rehabilitation centre. Hence, in view of the aforesaid, we permit Pratap to go alongwith the petitioner.”
It was submitted by the petitioner that due to matrimonial issues, detainee’s wife had admitted him to the Amulya Prem Foundation for psychiatric treatment in Bhiwandi. The petitioner claimed he was illegally detained at the rehabilitation center without reason, prompting the petition.
Following a court order, the detainee was presented in court along with representatives of the rehabilitation center, and statements from detainee and a representative were submitted.
Advocate Naveen K. Sharma appeared for the Petitioner and Advocate P.P. Shinde appeared for the Respondents.
Detainee’s statement revealed that he was kept at the center due to his wife's orders, citing his addiction to gutka. The rehabilitation center representative confirmed the same. He expressed his desire to leave the center and go with the petitioner, mentioning his wife's role in his admission. Another representative and a trustee of the center confirmed they were following detainee’s wife's instructions in not allowing visits.
The Court found that his detention at the center was due to his wife's orders, lacking medical justification. Since no medical evidence supported his detention, he was permitted to leave with the petitioner. The center representatives assured proper legal procedures in the future.
The writ petition was disposed of in accordance with the outlined terms.
Cause Title: Jayendra Narandas Bhatia v. State of Maharashtra
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