Makes for a great headline and maybe content for a movie. However one fears for the wife, her safety and happiness. The court must appoint someone who keeps an eye on the family at least for a couple of years.
! -----Original Message----- From: accessindia@accessindia.org.in [mailto:accessindia@accessindia.org.in] On Behalf Of Sandeep Singh Sent: Monday, January 31, 2022 7:22 PM To: accessindia@accessindia.org.in Subject: Re: [AI] Decade-old divorce battle ends with reunion Court Orders Immediate Release Of Wife 'Incarcerated' In Mental Hosp For 12 Yrs, Husband Takes Her Home 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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AI cannot be held liable for any commission/omission based on the > mails sent through this mailing list.. > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > --- > You received this message because you are subscribed to the Google > Groups "AccessIndia" group. > To unsubscribe from this group and stop receiving emails from it, send > an email to accessindia+unsubscr...@accessindia.org.in. > To view this discussion on the web visit > https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/CAFdvYB8UEH%3DcW1z33F0WdarHJ_r0DNDCqANXVhct7wryTtCG6w%40mail.gmail.com. > -- Warm Regards Sandeep Singh -- 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. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. 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