Calcutta High Court orders man to take back wife left at Apollo Hospital for 4 years: ‘A ploy to avoid moral obligations’
The Calcutta High Court was hearing the appeal filed by the husband, who refused to take back his wife from Apollo Multispeciality Hospitals.
The Calcutta High Court hearing the appeal filed by the husband, who refused to take back his wife from the hospital. (AI-generated image) Calcutta High Court news: Calling the appeal filed by the husband a “ploy” to avoid “responsibilities and moral duties,” the Calcutta High Court recently ordered the police-assisted transfer of a woman from Apollo Multispeciality Hospitals back to her matrimonial home.
Justices Shampa Sarkar and Ajay Kumar Gupta noted that the woman remained admitted in the hospital for nearly four years following an accident, and held that a husband cannot abandon his “physically incapacitated” wife under the guise of medical helplessness.
“The appeal is nothing but a ploy of the husband to avoid any responsibility towards his disabled wife. He wants to abandon her. He refuses to take her home on the grounds that it would be difficult to nurse her,” the May 19 order of the Calcutta High Court read.
Justices Shampa Sarkar and Ajay Kumar Gupta noted that the husband’s grievance was that the wife was in a vegetative state and could not be looked after at home.
The Calcutta High Court said that they failed to understand how the husband could “shirk the responsibilities” towards his wife by refusing to take her home, especially when medical experts found that she was stable, conscious and fit for home care.
The Calcutta High Court was hearing the appeal filed by the husband, who refused to take back his wife, who was admitted to the hospital’s emergency department on September 15, 2021.
‘She has right to live in home’
- The Calcutta High Court observed that the wife “has a right to live in the house” and directed police authorities to keep vigil to ensure her safety and well-being.
- The high court noted that the husband’s grievance was that the wife was in a vegetative state and could not be looked after at home.
- The bench, however, noted that the woman has a 17-year-old child, who would also be deprived of his mother’s company if she were abandoned.
- The Calcutta High Court further relied on the medical board’s report, which stated that the woman was conscious, capable of feeding herself and wheelchair-bound, and therefore could be discharged and looked after at home.
- The husband argued that the hospital should make arrangements to shift her to a government hospital instead.
- The Calcutta High Court, however, noted that the writ court had already directed that the unpaid hospital bills be recovered from the insurance company, if permissible in law.
- The court further clarified that if the physical condition of the wife deteriorated and she required emergency hospitalisation, she would be shifted to the concerned government hospital for treatment as an indoor patient, free of cost.
- The bench directed the concerned hospital to depute a paramedic or nurse twice every week to monitor the woman’s vitals and general condition.
- The Calcutta High Court also directed the Secretary of the district legal services authority to provide all necessary protection, support and assistance, including legal aid to the wife, if required.
- The secretary was additionally directed to make periodic visits to the house to ensure that the woman remained secure.
‘Not in a state to take home’
The case stemmed from the petition filed by Apollo Multispeciality Hospitals, highlighting the growing issue of patients being abandoned in private hospitals by their families. The hospital claimed that their anxiety is far deeper than the recovery of money from the husband.
It was alleged that the woman has been in the hospital since September 2021 after an accident and is still in the hospital, and authorities have been taking care of her till now.
It was claimed that the husband is unwilling to abide by the directions of the court.
Previously, an order was passed by the trial court directing the man to get his wife discharged and take her to the residence, within a week from the date of the order.
The court directed that, if required, she may be taken for further treatment at any government hospital, and it was stated that the hospital bills were not to be recovered from the husband.
However, the trial court observed that the husband was not in a position to pay the bills and directed that the money should be claimed through the insurance company if the law permitted.
It was placed on record that the hospital has been treating her for the past four years. It was also claimed that the payments have not been made.
Keep my wife in shelter home
Appearing for the husband, advocate Naba Kumar Das argued that the trial court made out a third case by directing the appellant to take his wife back to the house and ensure her treatment from a government-run hospital.
It was further submitted that the petition was filed by the hospital for directing the state to frame guidelines in order to address the issue of patients overstaying in private hospitals, and no relief was sought against the husband.
He added that the state has responsibilities towards the sick, incapacitated and handicapped citizens and should come up with schemes and policies to rehabilitate them in shelter homes.
It was stated that the husband wants the state to keep his wife in a shelter home.
Hospitals facing abandonment cases
Representing the hospital, Senior Advocate Jishnu Choudhury argued that often private hospitals are faced with situations when the party does not want to take back the patient to the house, either because the patient will become a burden or on the grounds that payments cannot be made.
It was added that such a situation led the hospital to file the petition for a direction upon the state government to devise a mechanism which would address such a situation.
According to him, the protection of the citizens is the duty of the state.
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