Rajesh Burmann Vs. Mitul Chatterjee (Burman)
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Head Note
The Hindu Adoptions and Maintenance Act, 1956 - Section 3 , Section 18
Court is empowered to grant interim and ad interim orders of maintenance - If wife claimed medical expenses, such expenses cannot be deferred till final adjudication of suit. AIR 1998 Bombay 234 and AIR 2007 Delhi 39 approved.
The Hindu Marriage Act, 1955 - Section 24
Divorce petition by wife - Wife entitled to interim maintenance during pendency of proceedings if she has no sufficient income to support her - The word support would include interim maintenance may also cover expenses incurred towards medical treatment.
The Special Marriage Act, 1954 - Section 27
Provisions of C.P.C. whether applicable to Special Marriage Act (Yes) - Suit for dissolution of marriage under Special Marriage Act - Application by wife under Section 15 C.P.C. claiming certain relief is maintainable.
The Special Marriage Act, 1954 - Section 27
Wife filing suit for dissolution of marriage - Wife fell from stair case and incurred Rs. 3.82 lakhs on two major operations - Wife is entitled to claim medical expenses from her husband in addition to interim maintenance - Held - The word "Maintenance" would include provisions for food, clothing, residence, education, medical attendance and treatment. AIR 1998 Bombay 234 and AIR 2007 Delhi 39 approved.
Topic(s)-Dissolution of marriage
Important Decision(s)-
- Wife is entitled to claim medical expenses from her husband in addition to interim maintenance.
- Suit for dissolution of marriage under Special Marriage Act - Application by wife under Section 15 C.P.C. claiming certain relief is maintainable.