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TMI Blog2008 (11) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... r husband was serving. 4. According to the appellant, on June 16, 2001, he was stuck up in the office work and could not reach at home after office hours. At about 9.30 p.m., the respondent-wife came to the office of her husband and abused him for being late and not coming back in time. At 1.30 a.m. in the night, he returned home but as soon as he arrived, his wife became furious and violently abusive in presence of her father and grand parents. 5. It is the say of the appellant that he wanted to walk out and to allow her anger to cool down. He was leaving fast through a stair case which was a rotated three fold stair of about 4 steps + 8 steps + 7 steps. According to the appellant-husband, his wife came out to prevent him from getting down but mis-stepped being sleeping drowsy in the dead hour and cladded in long sleeping gown. She, hence, fell down and suffered injury in the left arm resulting in fracture. Medical treatment was given to her. 6. It was stated by the appellant that even according to the wife, it was a case of accident wherein she received injuries. After long period of ten days, on June 26, 2001, the wife-respondent herein lodged a complaint in local polic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise towards medical reimbursement. 9. The appellant contested the claim of reimbursement of wife by filing counter affidavit taking several grounds inter alia contending that the petition filed by the wife was not maintainable; there was suppression of facts on her part; she was gainfully employed and was not entitled to any amount from him; she had already received the amount from the Insurance Company and the husband was not liable to pay anything to her. It was, therefore, prayed by the husband that the application was devoid of any merit and was liable to be dismissed. 10. The learned Judge, however, rejected all the contentions of the husband. He held that the wife was entitled to medical reimbursement but observed that admittedly, the wife had received an amount of Rs. 76,181/- out of the total expenses incurred by her from the Insurance Company. The said amount was, therefore, required to be deducted. Accordingly, the trial Court directed the husband to pay an amount of Rs. 3,06,181/-. 11. The appellant-husband challenged the said order passed by the trial Court by approaching the High Court of Calcutta invoking Article 227 of the Constitution. The High Court partly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had to undergo two major operations and still she is not completely cured. In future, she will have to undergo further operation as also to take medical treatment. She has spent substantial amount. 16. According to her, she was pushed by her husband from the stair case. His intention was to cause such injuries which may result in her death. Fortunately, however, she survived. It was also submitted that air fare charges were also incurred in connection with medical treatment of the wife but the High Court had reduced the amount. That, however, does not mean that the wife is not entitled to medical expenses granted in her favour by the Courts below. 17. It was also submitted that the terms 'maintenance' and 'support' are very wide so as to include medical expenses and both the Courts were right in granting medical reimbursement. This Court may not interfere with the order in exercise of discretionary power under Article 136 of the Constitution. 18. Having heard learned Counsel for the parties, in our opinion, no interference is called for against the order passed by the trial Court and modified by the High Court. So far as maintainability of application filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes; Section 36 - Alimony pendente lite.-- Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband's income, it may seem to the court to be reasonable. Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband. 22. Section 37 of the Act provides for 'permanent alimony and maintenance' and reads thus; Section 37 - Permanent alimony and maintenance.--(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the High Court of Delhi interpreted 'maintenance' and 'support' under Section 24 of the Hindu Marriage Act, 1955 and observed; Under Section 24 of the Act, the court has to see if the applicant who may either be wife or husband has no independent income sufficient for her or his support and the necessary expenses of the proceeding, and then award expenses of the proceeding and such sum every month, having regard to the applicant's own income and the income of the respondent which may seem to the court to be reasonable. This section may be contrasted with Section 25 of the Act which deals with permanent alimony and maintenance. Under Section 25, the court may order the respondent to pay to the applicant for her or his maintenance and support, till her or his lifetime, either a lumpsum amount or such monthly or periodical sum, having regard to the respondent's own income and other property, if any, and the income and other property of the applicant, the conduct of the parties and other circumstances of the case, which the court might deem just. It may be noticed that heading of Section 24 of the Act is Maintenance pendente lite and expenses of proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t such interim maintenance may also cover expenses incurred towards medical treatment. Obligation of the husband to pay such expenses cannot be deferred till final adjudication of the suit. Nor can husband avoid obligation to pay further sum to his wife towards medical reimbursement on the ground that the amount of interim maintenance being passed included entire expenses on medical treatment. See also Mangat Mal and Anr. v. Puni Devi (Smt) and Anr AIR1996SC172 . 30. As already indicated earlier, the right of the wife to claim interim maintenance has been upheld by the Court and the said decision has attained finality. Apart from the provisions of Hindu Marriage Act, 1955 or Hindu Adoptions and Maintenance Act, 1956, in our considered opinion, the two expressions, 'maintenance' and 'support' in the Act of 1954 are comprehensive and of wide amplitude and they would take within their sweep medical expenses. 31. On the basis of material on record, the trial Court, after hearing the parties, held that the wife was entitled to medical expenses which order was slightly modified by the High Court upholding her right to get medical reimbursement from her husband. We s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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