Exactly, I share the same feelings. It could be the beginning of another round of suffering for her.
On 1/31/22, Payal Ki Jhankar <paya...@gmail.com> wrote: > I wonder how can this be classified as ending on a happy note? for a woman > to go back home, where she wasn't wanted in the first place? Are there any > authorities who review what happens to the woman after she goes back, > periodically, to ensure her safety and well-being? > > On Mon, 31 Jan 2022 at 6:15 PM, Kanchan Pamnani <kanchanpamn...@gmail.com> > wrote: > >> 1/31/22, 6:17 PM about:blank about:blank 1/2 Decade-old divorce battle >> ends with reunion Court Orders Immediate Release Of Wife ‘Incarcerated’ >> In >> Mental Hosp For 12 Yrs, Husband Takes Her Home >> swati.deshpa...@timesgroup.com Mumbai: A decade-long divorce battle ended >> on a happy note with the husband taking the wife home after her >> 12-year-long ‘incarceration’ at a mental health hospital following a >> magistrate’s order. The family court in Bandra, in its December order, >> also >> noted its own struggle to get a review board to assess and get the woman >> released, seven years after the mental hospital had discharged her but >> her >> husband refused to take her home. “This is a case, where only because the >> wife was not allowed in the matrimonial home, she had to languish in a >> regional mental hospital even after discharge,” judge Swati Chauhan said. >> The couple got married in 1993. On the husband’s application abo[1]ut his >> wife’s mental health, a metropolitan magistrate in 2009 passed a >> ‘reception >> order’ based on which she was sent to the mental hospital. In 2012, her >> husband filed for divorce on the grounds of “cruelty and unsoundness of >> mind”. Judge Chauhan heard the case for the first time in October 2021. >> “The Mental Healthcare Act 2017 promulgates to protect, promote and >> fulfill >> the rights of such persons during delivery of mental healthcare and >> service >> and matters connected therewith. But this court found it arduous to >> search >> and lay hands on the mental health review board. Unfortunately, the wife >> could not benefit from the new law,” the family court order said. “Many >> may >> be languishing in mental hospitals. Therefore, it is necessary to create >> awareness about the procedure to approach mental health review boards. ” >> Article 21 of the Constitution ensures that no person shall be deprived >> of >> his life or personal liberty except via a legal procedure, noted the >> judge. >> It includes the right to a dignified life, she said, adding that it can >> “only sympathize” with the wife who “spent 12 years of her life under >> confinement of a regional mental hospital, which is no less than >> incarceration”. The court said in 2014, the medical superintendent, in >> compliance with the Act, ordered her 1/31/22, 6:17 PM about:blank >> about:blank 2/2 discharge as she was found fit. The wife and a nurse were >> sent home, but the husband “refused to keep her home” and she was again >> ‘detained’ at the mental hospital. Pointing out that “this is a classic >> example of how a reception order was misused to drive out a wife from the >> matrimonial home and restrict her reentry”, the court said it was >> “aghast” >> at the reason given that the divorce case was pending. The court said it >> was “disturbing” that no one checked on her at the hospital; neither her >> child on turning a major, nor her brother. The court appointed its deputy >> reg istrar as her guardian and sent several production warrants to the >> hospital. The hospital produced her in court last October when warned of >> facing adverse inference for “lackadaisical approach”. The wife said she >> wanted to see her child, expressed no animosity to the husband and >> wondered >> why she was still in hospital when she was declared fit for release. The >> court appointed advocate Shabnam Kazi as amicus curiae and a panel of >> doctors to examine her and submit its report, which it did on November >> 22, >> stating that she is fit for discharge. The panel said the hospital >> continued to implement the 1987 Act though the 2017 Act stipulates that >> those with mental illness have a right to live in society and to not >> continue at an institution merely because s/he has no family. The husband >> initially said he would house her at a shelter home and bear all >> expenses, >> but Kazi opposed and said he would have to provide her alternative >> accommodation. The court agreed. The husband then said he would find a >> house for her in the same locality. But on November 27, when the court >> directed her immediate discharge from the mental hospital, he said he >> will >> take her home. The court said: “All’s well that ends well. ” >> >> >> <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> >> Virus-free. >> www.avg.com >> <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> >> <#m_-8108511643358288273_DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2> >> >> -- >> Disclaimer: >> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >> the person sending the mail and AI in no way relates itself to its >> veracity; >> >> 2. 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