2008 (11) TMI 745 - SC - Indian Laws

Summary

Issues Involved:
1. Maintainability of the wife's application for medical reimbursement u/s 151 of the Code of Civil Procedure, 1908.
2. Entitlement of the wife to medical reimbursement under the Special Marriage Act, 1954.
3. Jurisdiction of the trial court to entertain the application for medical reimbursement.
4. Interpretation of 'maintenance' and 'support' under the Special Marriage Act, 1954.

Summary:

1. Maintainability of the Wife's Application for Medical Reimbursement u/s 151 of the Code of Civil Procedure, 1908:
The appellant-husband contended that the application filed by the wife for medical reimbursement was not maintainable under Section 151 of the Code of Civil Procedure, 1908. He argued that the Special Marriage Act, 1954 does not provide for such expenses and that the court had no jurisdiction to entertain such an application. However, the court rejected this contention, stating that the proceedings were initiated in accordance with the provisions of the 1954 Act and that the application was tenable.

2. Entitlement of the Wife to Medical Reimbursement under the Special Marriage Act, 1954:
The appellant-husband argued that he was not responsible for the injuries sustained by the wife and that it was a case of accident. He also contended that the wife had already received reimbursement from the Insurance Company and that she was gainfully employed. The court, however, upheld the wife's entitlement to medical reimbursement, stating that the terms 'maintenance' and 'support' under the Act are comprehensive and include medical expenses. The court referred to various precedents and legal definitions to support this interpretation.

3. Jurisdiction of the Trial Court to Entertain the Application for Medical Reimbursement:
The appellant-husband challenged the jurisdiction of the trial court to entertain the application for medical reimbursement. The court dismissed this challenge, stating that the trial court had the jurisdiction to entertain the application as it was filed in the context of a pending matrimonial suit under the 1954 Act. The court emphasized that the provisions of the Code of Civil Procedure would apply to courts exercising power under the Act.

4. Interpretation of 'Maintenance' and 'Support' under the Special Marriage Act, 1954:
The court held that the terms 'maintenance' and 'support' under the Special Marriage Act, 1954 are of wide amplitude and include medical expenses. The court referred to definitions from Black's Law Dictionary and various judicial precedents to support this interpretation. The court concluded that the wife was entitled to medical reimbursement from the husband, as upheld by the trial court and modified by the High Court.

Conclusion:
The Supreme Court dismissed the appeal, upholding the decisions of the trial court and the High Court. The court granted the appellant-husband time until December 31, 2008, to pay the amount ordered by the High Court. The appeal was dismissed with costs.