'Right To Live In Matrimonial Home': Calcutta HC Directs Police To Escort Disabled Woman Back Home After Husband Refuses To Take Her
The Calcutta High Court has refused to entertain an appeal filed by a husband, against a single bench order, seeking to avoid taking back his medically incapacitated wife from a private hospital, observing that the plea was nothing but an attempt to “abandon her” and evade his “moral, humanitarian and legal obligations”.A division bench of Justice Shampa Sarkar and Justice Ajay...
The Calcutta High Court has refused to entertain an appeal filed by a husband, against a single bench order, seeking to avoid taking back his medically incapacitated wife from a private hospital, observing that the plea was nothing but an attempt to “abandon her” and evade his “moral, humanitarian and legal obligations”.
A division bench of Justice Shampa Sarkar and Justice Ajay Kumar Gupta directed that the woman, Poonam Gupta, who has remained admitted at Apollo Multispeciality Hospitals Limited since September 2021 following an accident, be escorted back to her matrimonial home with police assistance.
“The appeal is nothing but a ploy of the husband to avoid any responsibility towards his disabled wife. He wants to abandon her,” the Court observed.
The bench was hearing an appeal filed by Jaiprakash Gupta against a single-judge order directing him to get his wife discharged from the hospital and take her home, while permitting future treatment at government hospitals free of cost if required.
Before the appellate court, the husband argued that his wife was in a vegetative state and could not be looked after at home. He further contended that no mandamus could have been issued against him in a writ petition originally filed by the hospital seeking guidelines to address prolonged occupation of private hospital beds by patients abandoned by families.
The Court, however, relied upon the findings of a medical board constituted by the writ court through the Medical Superintendent of Kolkata Medical College. The board found that the patient was conscious, responsive through gestures, hemodynamically stable, capable of feeding herself, not dependent on oxygen or IV medication, and suitable for home care with periodic medical assistance.
Rejecting the husband's contention, the bench remarked: “What we fail to understand… is how the husband can shirk the responsibilities of the wife, by refusing to take her back to the house.”
The Court also noted that the couple had a 17-year-old child who would otherwise be deprived of the company of his mother.
Addressing the broader issue raised by the hospital regarding patients being abandoned in private healthcare institutions, the bench acknowledged that the State has welfare obligations toward the infirm and disabled. However, it cautioned against permitting family members to shift their personal responsibilities entirely onto the State.
“Otherwise there will be a risk of parents, siblings, spouses etc., abandoning their own, who are suffering from irreversible ailments,” the Court observed.
The bench noted that Apollo Multispeciality Hospitals Limited had continued treatment for nearly four years despite unpaid bills, and recorded the hospital's submission that its concern extended beyond financial recovery.
Modifying the single-judge order, the Court directed the Officer-in-Charge of Fulbagan Police Station, accompanied by a lady police officer, to ensure Poonam Gupta's transfer from the hospital to her matrimonial residence at Amherst Row, Kolkata, on May 21, 2026. The transfer is to be conducted through a fully equipped ambulance provided by the hospital, accompanied by a doctor and nurse.
The Court further directed:
- Calcutta Medical College and Hospital shall depute a paramedic or nurse twice weekly to monitor her condition and clean the tracheostomy tube;
- The husband must periodically take her to a government hospital for tracheostomy tube replacement by an ENT surgeon;
- In case of deterioration of health, she shall be admitted to Calcutta Medical College and Hospital free of cost as an indoor patient;
- The Secretary, District Legal Services Authority, Kolkata, shall periodically visit the residence to ensure her safety and provide legal assistance if necessary.
Emphasising the woman's dignity and entitlement within the marital home, the Court concluded: “We cannot lose sight of the moral obligation of the respondent no. 8 and we expect that Poonam is treated well… The wife has a right to live in the house.”
Case: Jaiprakash Gupta vs. The State of West Bengal & Ors.
Case No: MAT 853 of 2026