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Court asks woman to take home husband from IHBAS

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Press Trust of India New Delhi
Last Updated : Feb 12 2014 | 5:23 PM IST
A woman has been directed by a local court to take care of her husband, who was suffering from mental illness and was admitted in a psychiatric hospital for treatment but no more requires medication.
The court allowed the plea filed by an advocate on behalf of the man, who was diagnosed to be suffering from Paranoid Schizophrenia, after a letter was sent to the Delhi Legal Service Authority (DLSA) by the director of Institute of Human Behaviour and Applied Sciences (IHBAS) that the patient has recovered and can be taken back home by his family.
The man's wife, who is also an advocate, however, refused to take him home citing ground of cruelty that he used to create tension in her and their children's lives and was also of a suspicious nature.
Additional Sessions Judge Anuradha Shukla Bhardwaj set aside the order of a magisterial court saying the perpetual institutionalisation of the man shall be a bigger cruelty to him in comparison to a presumptive cruelty which may or may not be committed upon the woman in future.
"Trial court held that relations between the parties were strained and the man had levelled objectionable allegations against the woman, while declining the relief to him.
"As stated above, the acts of cruelty of the man, as considered by the MM, were not intentional acts at all and though it cannot be said with certainty that he will behave like a normal person with his wife - a presumption that he will definitely behave with her cruelly would result in the man's remaining in institution forever despite being a person who has been treated and has responded to the treatment positively...
"In view of above, order February 28, 2013 is set aside. The woman is directed to take care and control of the man and to maintain him," the court said.

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First Published: Feb 12 2014 | 5:23 PM IST

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