Case: Rajesh Burmann Vs. Mitul Chatterjee (Barman)

of the means of living, or food, clothing, shelter, etc., particularly where the legal relation of the parties is such that one is bound to support the other, as between father and child or husband and wife". 25. Likewise, the word ‘support as defined in the said Dictionary (p. 1439) reads as under; "That which furnishes a livelihood; a source or means of living; subsistence, sustenance, maintenance, or living. In a broad sense the term includes all such means of living as would enable one to live in the degree of comfort suitable and becoming to his station of life. It is said to include anything requisite to housing, feeding, clothing, health, proper recreation, vacation, traveling expense, or other proper cognate purposes; also proper care, nursing and medical attendance in sickness and suitable burial at death". 26. The Court below also considered some of the decisions cited before them. In Pradeep Kumar Kapoor v. Ms. Shailja Kapoor, AIR 1989 Delhi 10, 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 applicants 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 respondents 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 proceedings". The section, however, does not use the word "maintenance", but, to me, it appears that the words "support" and "maintenance" are synonymous, "Support" means "to provide money for a person to live on", like "he supports a family" or "he supports his old mother." Maintenance is "an act of maintaining", i.e. to support with money. For example, "he is too poor to maintain his family". It may be useful at this stage to refer to the definition of "maintenance" as given in the Hindu Adoptions and Maintenance Act, 1956 (for short the Act of 1956). Under Section 3 of that Act, "maintenance" includes-(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment ; (ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage. I would, therefore, think that when we talk of maintenance and support, the definition of "maintenance" as given in the Act of 1956 should be adopted. Section 18 of the Act of 1956 also refers to maintenance of wife and gives the circumstances under which a Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance". 27. In Atul Sashikant Mude v. Niranjana Atul Mude, AIR 1998 Bombay 234, the Court considered the provisions of the Hindu Adoptions and Maintenance Act, 1956 and held that a Court is empowered to pass interim and ad-interim orders of maintenance. It was held that the inclusive definition of the ‘maintenance under the Act would include food, clothing, residence, education, medical attendance and treatment. 28. In R. Suresh v. Smt. Chandra, AIR 2003 Karnataka 183, a similar question arose before the High Court of Karnataka. Construing the word ‘support in Section 24 of the Hindu Marriage Act, 1955, the Court held that the word ‘support occurring in the said section can be given the same meaning attributed to the word ‘maintenance as defined in Section 3 of the Hindu Adoptions and Maintenance Act, 1956 which would include provisions for food, clothing, residence, education, medical attendance and treatment. 29. Recently, in Ajay Saxena v. Smt. Rachna Saxena, AIR 2007 Delhi 39, analysing the provisions of Hindu Adoptions and Maintenance Act, 1956, the Court held that in a suit under Section 18 of the Act, the wife can claim interim maintenance. It was further held that 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 & Anr. V. Puni Devi (Smt) & Anr., (1995) 6 SCC 88 ]. 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 see no infirmity in the decision or reasoning of the Courts below which calls for our interference in exercise of discretionary and equitable jurisdiction under Article 136 of the Constitution. The appeal in our view, therefore, has no substance and must be dismissed. 32. For the foregoing reasons, the

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]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 by the wife is concerned, we see no substance in the contention of the learned counsel for the husband that such an application is not tenable. Proceedings had been initiated in accordance with the provisions of the 1954 Act and matrimonial suit was pending. In the circumstances, in our view, it was open to the applicant wife who had initiated the proceedings for dissolution of marriage in a competent Court to institute such application. Even otherwise, looking to the scheme of the Act, it is clear that provisions of the Code would apply to Courts exercising power under the Act. The preliminary objection raised by the learned counsel for the appellant as to the jurisdiction of the trial Court has no substance and must bealready 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 medicalthe 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 see no infirmity in the decision or reasoning of the Courts below which calls for our interference in exercise of discretionary and equitable jurisdiction under Article 136 of the Constitution. The appeal in our view, therefore, has no substance and must be dismissed.