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. She remains hospitalized with the hospital staff continuing to care for her. However, the husband, citing her vegetative state and financial difficulties, has refused to pay the hospital bill and take her home.As a result, the hospital filed a case in court seeking an order to make him take her back home and provide care.The court, after hearing the objections of the husband and the plea of the hospital, ordered the husband to take her back home and take care of her. The court also ordered that if she requires further treatment, she can be taken to a government hospital. Regarding the money, the court had ordered that the hospital can recover the money by insurance claim since he is unable to pay.Unhappy with the order, the husband appealed to the Calcutta High Court. After reviewing the case, the Calcutta High Court said that his main concern was her vegetative state and his belief that she cannot be cared for at home. He argued that Apollo Hospitals should make arrangements to transport her to a government hospital.Also read: ‘Ardhangini’ has legal significance too: Andhra Pradesh HC permits wife to access ailing husband’s bank accountThe Calcutta High Court, however, found that the medical board set up by the court reported that the patient (wife) could be discharged and looked after at home. Therefore, the Calcutta High Court said that in their view, the husband filed the appeal only to circumvent the responsibility and avoid any kind of moral duty for maintaining and caring for his legally married wife, who unfortunately has become physically incapacitated due to the accident. The Calcutta High Court also said that she has a 17-year old son who would be deprived of his mother's company if she is shifted to a state home and so the court said that they failed to understand the husband's logic behind refusing to take her back.The high court also said that there is no cause for worry as the court already has ordered that if she needs any medical attention, then he can take her to a government hospital to provide free treatment in future.Thus the high court said that this appeal was nothing but a ploy of the husband to avoid any responsibility towards his disabled wife.Also read: Marriage registration alone isn't enough: Gujarat HC says Hindu marriage is invalid without SaptapadiThe high court said: "He wants to abandon her. He refuses to take her home, on the grounds that it would be difficult to nurse her."The high court also emphasised that the medical committee report clearly states that no further treatment at Apollo Hospital would be necessary and she could be looked after at home. The Calcutta High Court said: "The Apollo Hospital has been treating her for the past four years. Admittedly, the payments have not been made. The Apollo Hospital has also fairly submitted that their anxiety is far deeper than recovery of money from the husband."Thus the Calcutta High Court rejected his appeal and gave the following directions: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 reportThe court also relied upon a report of a medical committee constituted by the Medical Superintendent, Kolkata Medical College which said: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 CollegeThe 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.