The Bombay High Court recently ordered the release of Pratap Jivani, a man who had been forcibly detained in a rehabilitation center by his wife amid ongoing marital issues. The court ruled that there was no medical evidence to justify his stay at the center.
The case was brought before the court by the petitioner, who sought a writ of habeas corpus to locate his cousin, Pratap. Pratap’s brother had informed the petitioner that Pratap needed urgent hernia surgery, prompting the petition.
A Division Bench of Justice Revati Mohite Dere and Justice Gauri Godse presided over the case. They observed, “No medical documents were provided to show that Pratap needed to be admitted to the rehabilitation center. In light of this, we permit Pratap to leave with the petitioner.”
The petitioner explained that Pratap’s wife had sent him to the Amulya Prem Foundation in Bhiwandi for psychiatric treatment, claiming it was due to marital issues. Pratap, however, was allegedly detained at the center without any medical necessity.
Following the court’s order, Pratap was brought to court along with representatives from the rehab center. In his statement, Pratap revealed that his wife had admitted him to the center due to his tobacco addiction. He expressed his desire to leave the facility and return with the petitioner. The center’s representative confirmed that they were following instructions from Pratap’s wife and were not allowing visitors, per her request.
The court found no medical justification for Pratap’s stay at the center and ruled that his detention was based solely on his wife’s orders. Without any supporting medical evidence, the court permitted Pratap to leave the rehab center with the petitioner.
The court disposed of the writ petition, allowing Pratap to be released in accordance with the outlined terms.
Cause Title: Jayendra Narandas Bhatia v. State of Maharashtra
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