Case: Rajesh Burmann Vs. Mitul Chatterjee (Barman)

appellant Rajesh Burman is the husband of respondent Mitul Chatterjee (Burman). The marriage between the parties was solemnized on January 26, 2000 at Calcutta. The wife permanently joined matrimonial home by coming to Bombay on February 25, 2001 where her 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 claded 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 police station against her husband (appellant) and her-in-laws for offences punishable under Sections 498A, 325, 406 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). It was also alleged by her that it was her husband who had pushed her and caused injuries. The appellant has stated that he as well as his mother (mother-in-law of the respondent) were arrested. The appellant was constrained to approach the High Court of Bombay for quashing criminal proceedings and obtained stay of further proceedings. Due to shock, however, his mother suffered heart attack and died. The appellant is facing criminal trial. It has also come on record that the wife was operated twice; first operation was performed in the Bombay Hospital on June 19/20, 2001 and the second operation was performed on May 02, 2002.7. It may also be stated at this stage that the relations between the husband and wife are far from cordial and friendly. The respondent-wife has filed a suit for dissolution of marriage and for a decree of divorce on July 01, 2001 against the appellant-husband under Section 27 of the Special Marriage Act, 1954 (hereinafter referred to as ‘the 1954 Act) in the Court of District Judge, Aliore, 24 Parganas (S), West Bengal. In the suit, prayers were sought to declare that the marriage between the parties was liable to be dissolved by a decree of divorce at the instance of plaintiff-wife, to return goods lying under the care, custody and control of the defendant-husband, to pay alimony pendente lite as also permanent alimony, to pay costs and to grant such other relief as the Court may deem fit and proper. The appellant-husband is contesting the suit.8. According to the appellant, though he was not responsible for the injuries sustained by his wife, a false claim was put forward by her against the appellant-husband for reimbursement of medical expenses. It was his case that the respondent-wife had received amount from Insurance Company towards medical expenses and reimbursement had already been made. Yet by suppressing all those facts and with a view to harass the husband, she preferred a claim for medical reimbursement by filing an application under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code) in the pending suit praying therein that the husband may be directed to pay a sum of Rs.3,82,262-75 paise 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 allowed the petition observing that the trial Judge did not commit any error of law or of jurisdiction in ordering the husband to pay to the wife medical reimbursement. He, however, held that the wife was not entitled to the amount reportedly spent for air-fare i.e. an amount of Rs.21,568/- plus Rs.62,155/- totaling Rs.83,723/-. Accordingly, the said amount was deducted and the remaining amount was ordered to be paid.12. The above decision of the High Court is challenged in the present proceedings by the husband.

Reasoning: 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.