Calcutta, June 8: Calcutta High Court today granted bail to a doctor, accused of torturing his wife, after it was proved that it was he who had been physically abused and not the other way round.
After hearing the petition of Ishani Kumar Ghosh, a 34-year-old medical officer of North Bengal University, Justice S.P. Talukdar said the 'dangerous' practice of misusing Section 498A of the Indian Penal Code (cruelty on housewives by husbands and in-laws) should be immediately stopped.
Ishani married 30-year-old Sumana, also a doctor, on February 18 this year and the couple lived in Jalpaiguri. A few days later, Sumana began assaulting him, Ishani told the court today. She would scratch him and leave him bleeding at night.
Ishani then learnt that his wife was a psychiatric patient who was under medication.
When Sumana realised she could be in trouble, she told her husband that she wanted to go back to her parents in Asansol, where she would start her private practice.
Sumana lodged a police complaint as soon as she reached there.
Ishani was arrested in Asansol when he went there on May 31 to give Sumana her jewellery. He was produced before the additional chief judicial magistrate of Asansol the next day, who sent him to jail.
Ishani then moved the high court, which granted him bail today.
The ruling comes as a boost to lawyers who have long been demanding an amendment to Section 498A of the IPC, which allows police to arrest the persons named in FIRs without verifying the allegations.