Husband refused to take injured wife back
The officer-in-charge of Police Station, accompanied by a lady officer shall transfer her from the hospital to her matrimonial home, which is his residence. Such
The officer-in-charge of Police Station, accompanied by a lady officer shall transfer her from the hospital to her matrimonial home, which is his residence. Such transfer will be by an equipped ambulance to be provided by Apollo Hospital. A doctor and nurse will accompany the patient, to ensure smooth transfer. She will be settled in her house by the team. Before reaching the house of the appellant, information shall be given to the Police Station, so that her entry into her own home is without any resistance. The exercise shall be completed by the police authorities on May 21, 2026. The Superintendent, Calcutta Medical College and Hospital will depute a paramedic /nurse twice a week, to check her vitals and general condition. The said medical staff shall also ensure the cleaning of the tracheostomy tube. He will take her to a government hospital, to be treated by an ENT Surgeon, in periodic intervals for change of such tube. If the physical condition of Poonam (the patient) deteriorates, and she requires emergency hospitalization, she will be removed to Calcutta Medical College and Hospital, for her treatment as an indoor patient. The police authorities will keep a vigil. The wife has a right to live in the house. The appeal and the application are disposed of with the above modification of the order impugned. The court had already directed that the unpaid bill will be recovered from the insurance company. This order shall be served in the office of the Secretary District Legal Services Authority, Kolkata for all necessary protection, support and assistance, including legal assistance to the wife if required.
The Secretary DLSA, will make periodic visits to the house, to ensure the patient is secure. Medical Superintendent, Kolkata Medical College report Patient is conscious and responding by gesture Her Glasgow coma scale score is E4VTM6 The patient is hemodynamically stable. She has spastic hemiparesis involving left half of the body, with secondary contracture. The patient is on a tracheostomy tube for tracheal stenosis. Her last visit to ICU was around two years back. There is no bed sore present, She is off anti-convulsant for the last two years without any recurrence of convulsion. She can feed herself. She is presently wheelchair bound. The patient is not on external oxygen supplementation, Ryles tube feeding or any IV medication. Conclusion and recommendation of Medical Superintendent, Kolkata Medical College The patient can be discharged for homestay. She needs physical rehabilitation which can be done at home. Her tracheostomy tube care consisting of periodic cleaning and suction (SOS) can be done at home by a trained paramedical staff. Change of tracheostomy tube which might be required at a gap of around 6 months interval; this can be done by a critical care specialist or ENT surgeon as and when required at any hospital or nursing home having that facility. Recently, the Calcutta High Court ruled that a husband can't deny his moral duty towards his wife by refusing to bring her back home from the hospital after she suffered serious injuries in an accident. The high court observed that the husband's appeal, refusing to take her back from the hospital, is essentially an attempt to abandon her and evade his moral, humanitarian and legal obligations.This judgement came in light of a wife who was involved in a terrible accident and was admitted to Apollo Multispeciality Hospitals' emergency department on September 15, 2021.
The BriefWire