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Even if a woman is suffering from insanity due to a mental illness, it does not give her husband and her in-laws the right to abuse her and ill-treat her. The court observed that most women who suffer from psychological illness are treated like slaves by their husbands and in-laws. The court mentioned that there is no such right that entitles a husband and the family to treat a woman like a slave due to her mental illness.
The bail plea of the husband was rejected by the Orissa High Court because the man committed an offense by torturing his wife. The court opined that even if the wife is suffering from any type of psychological illness, still she does not deserve to get ill-treated by him and his family members. An order was passed by Justice SK Panigrahi that the bail would not be granted to the man. The man has committed an offense which is punishable under Sections 498-A (cruelty to married woman), 294 (obscene acts), 323 (hurt), 307 (attempt to murder), 506 (criminal intimidation), and 34 (act done by several persons with common intention) of the Indian Penal Code (IPC). The petitioner, his mother, and his sister were all involved in committing the offense while tormenting the petitioner’s wife. It was stated by the petitioners’ wife that her mother in law used to torture her with sharp wood and venomous spores in her private parts. She also stated that her husband has put kerosene on her and then put a fire on her.
Senior Advocate Dharanidhar Nayak appeared on behalf of the petitioner. He stated that there are no such facts which support the prima facie of the case and thus, the prosecution is not established. He also mentioned that the allegations against the petitioner are false and concocted. It was stated by Nayak that the wife is suffering from a mental illness and the dispute between the wife and husband was resolved in the village. He also mentioned that the wife agreed to go for her illness to the doctor. It was observed by the Court that the prima facie case is made out on the basis of the charge sheet which shows that the petitioner and his family members have implicated grave torture on the petitioner’s wife. Advocates SK Das, BK Das, B Mishra, and J Mitra along with Senior Advocate Nayak have represented the petitioner whereas the informant was represented by Advocates Rajalaxmi Biswal and P Jena.
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