In a significant ruling, the Bombay High Court ordered the release of Pratap Jivani, a man who was forcibly admitted to a rehabilitation center by his wife amidst ongoing marital issues. The court ruled that there was no medical evidence to support his stay at the facility.
The case began when the petitioner, Pratap’s cousin, filed a writ of habeas corpus to locate him. Pratap’s real brother had informed the petitioner that Pratap urgently required hernia surgery, but he was being held at the rehab center against his will.
A Division Bench comprising Justice Revati Mohite Dere and Justice Gauri Godse reviewed the case and noted, “We have not been shown any medical documents that indicate Pratap needed to be admitted to the rehabilitation center. Therefore, we allow Pratap to leave with the petitioner.”
The petitioner argued that Pratap was admitted to the Amulya Prem Foundation, a rehabilitation center in Bhiwandi, under the orders of his wife, citing marital discord. He further claimed that Pratap was being held there without any valid medical reason.
Following a court order, Pratap was presented in court, along with representatives from the rehabilitation center. His statement revealed that his wife had sent him to the center, citing his addiction to tobacco. The representative from the rehabilitation center confirmed that Pratap’s admission was based on his wife’s instructions.
Pratap expressed his desire to leave the center and go with his cousin, indicating that his wife was behind his admission. A trustee from the rehabilitation center also confirmed that they were following the wife’s instructions, including restrictions on visitors.
The court found that Pratap’s detention was solely based on his wife’s orders and that there was no medical evidence to justify his stay. As a result, the court ordered Pratap’s release, allowing him to leave with the petitioner.
The writ petition was disposed of, with the court ruling in favor of Pratap’s release.
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