Court Directs Transfer of Wife to Matrimonial Home with Medical and Police Assistance, Emphasizes Husband's Moral and Legal Duties
In a landmark decision, the Calcutta High Court has ruled in favor of a wife who has been in a vegetative state, directing her husband to fulfill his moral, humanitarian, and legal obligations by taking her back to their matrimonial home. The judgment was delivered by the division bench comprising Justices Shampa Sarkar and Ajay Kumar Gupta in the case of Jaiprakash Gupta v. State of West Bengal.
The case revolved around Mr. Jaiprakash Gupta, who refused to take his wife, Mrs. Poonam Gupta, from the Apollo Multispeciality Hospitals, where she had been admitted since September 2021. Despite being in a conscious state, albeit with significant physical incapacities, Mr. Gupta argued against her discharge, citing her vegetative condition and his inability to care for her at home.
The court, after reviewing the medical report from a committee constituted by the Medical Superintendent of Kolkata Medical College, concluded that Mrs. Gupta could be cared for at home with appropriate support. The report highlighted her stable condition, ability to feed herself, and the need for routine medical care that could be provided by trained paramedics.
In response to the husband's refusal, the court ordered the transfer of Mrs. Gupta to her matrimonial home with the assistance of police authorities and medical staff. The transition was to be facilitated by an ambulance equipped by Apollo Hospital, ensuring her safety and comfort during the move.
The judgment also addressed the broader issue of patients overstaying in private hospitals due to relatives' refusal to take them home. The court refrained from imposing the responsibility on the state to house stable patients in shelter homes, emphasizing the risk of increasing abandonment cases and placing undue burden on the state.
To ensure Mrs. Gupta's continued care, the court directed periodic medical check-ups by the Calcutta Medical College and Hospital. It also instructed the District Legal Services Authority to conduct regular visits to ensure her security and well-being.
The court's decision underscores the importance of upholding matrimonial obligations and the right to residence, mandating that familial duties are not shirked in times of adversity. This ruling sets a precedent for similar cases, reinforcing the moral and legal responsibilities of family members towards their incapacitated relatives.
Bottom line:-
Husband refusing to take back his wife from hospital on grounds of her vegetative state and inability to care for her at home - Court directs husband to discharge moral, humanitarian, and legal obligations towards his wife and take her to her matrimonial home, ensuring her care with periodic medical support and monitoring.
Statutory provision(s): Matrimonial Obligations, Welfare Legislation, Right to Residence
Jaiprakash Gupta v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2902643
