Bombay High Court Orders Release of Man Held in Rehab by Wife Amid Marital Dispute

The Bombay High Court has ordered the release of Pratap Jivani, a man who was forcibly detained in a rehabilitation center at the request of his wife. The court ruled that there was no medical evidence to justify his admission and that his detention was unlawful.

Case Background

The case came to light when the petitioner filed a writ of habeas corpus to locate his cousin, Pratap Jivani. His real brother had informed the petitioner that Pratap was being held in a rehab center and urgently needed hernia surgery.

A Division Bench of Justice Revati Mohite Dere and Justice Gauri Godse noted that no medical documents had been provided to prove that Pratap required psychiatric treatment. The bench ruled:
“We have not been shown any medical records proving that Pratap needed admission to a rehabilitation center. Hence, we permit Pratap to leave with the petitioner.”

Court Findings

The petitioner stated that Pratap’s wife had admitted him to Amulya Prem Foundation in Bhiwandi due to marital conflicts, claiming he needed psychiatric care.
The court ordered Pratap to be presented along with representatives from the rehab center.
Pratap confirmed in his statement that he was kept in the rehab center under his wife’s instructions, allegedly due to his tobacco addiction.
A representative from the center stated that Pratap’s wife had ordered his detention and even restricted visits.

Since no medical justification was provided for his detention, the court allowed Pratap to leave with the petitioner and ruled his confinement unlawful.

Final Verdict

The court disposed of the writ petition, reinforcing that a spouse cannot forcefully detain their partner in a rehab center without proper medical evidence. This ruling highlights the importance of legal and medical justification in cases of forced rehabilitation.

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