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Bombay High Court Orders Release of Man Detained in Rehab by Wife Amid Marital Discord

Bombay High Court Orders Release of Man Detained in Rehab by Wife Amid Marital Discord

The Bombay High Court recently ordered the release of Pratap Jivani, who had been forcibly kept in a rehabilitation center at his wife’s request. The court found no medical evidence to justify his detention.

The case began when the petitioner filed a writ of habeas corpus to locate his cousin, Pratap. Pratap’s real brother had informed the petitioner that Pratap needed urgent hernia surgery.

A Division Bench of Justice Revati Mohite Dere and Justice Gauri Godse observed, “We are not shown any medical papers of Pratap to show that he was required to be admitted to the rehabilitation center. Hence, in view of the aforesaid, we permit Pratap to go along with the petitioner.”

The petitioner claimed that Pratap’s wife had admitted him to the Amulya Prem Foundation for psychiatric treatment in Bhiwandi due to marital issues. He argued that Pratap was illegally detained at the rehab center without any valid reason.

Following the court order, Pratap was brought to court with representatives of the rehabilitation center. Statements from Pratap and a representative were submitted.

Pratap revealed that he was kept at the center on his wife’s orders, citing his addiction to tobacco. The rehab center representative confirmed this, stating they were following the wife’s instructions. Pratap expressed his desire to leave the center and go with the petitioner.

The court found that Pratap’s detention was solely based on his wife’s orders and lacked any medical justification. As no medical evidence was provided to support his detention, the court permitted him to leave with the petitioner.

The writ petition was disposed of in accordance with these terms.

Cause Title: Jayendra Narandas Bhatia v. State of Maharashtra

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