RAJESH BURMANN versus MITUL CHATTERJEE (BURMAN)
The wife is entitled to maintenance and medical reimbursement under the Special Marriage Act, 1954 as the expressions 'maintenance' and 'support' are broad enough to include medical expenses, and application under s.151 CPC is maintainable during matrimonial proceedings; no interference was warranted with the orders of the courts below.
- Parties
- Appellant: Rajesh Burmann; Respondent: Mitul Chatterjee (Burman)
- Jurisdiction
- India
- Judgment Date
- 04 November 2008
- Procedural Posture
- Civil Appeal / Final Appeal From High Court Order
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Maintenance, Medical Reimbursement, Special Marriage Act
Case Brief
Summary, issues, holding and outcome
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Parties
Rajesh Burmann
Appellant
Mitul Chatterjee (Burman)
Respondent
Procedural Posture
Civil Appeal / Final Appeal From High Court Order
Legal Issues
- 1 Whether wife is entitled to maintenance and medical reimbursement under Special Marriage Act, 1954
- 2 Maintainability of application under s.151 CPC for medical reimbursement during matrimonial proceedings
Ratio Decidendi
The wife is entitled to maintenance and medical reimbursement under the Special Marriage Act, 1954 as the expressions 'maintenance' and 'support' are broad enough to include medical expenses, and application under s.151 CPC is maintainable during matrimonial proceedings; no interference was warranted with the orders of the courts below.
Court Disposition
Appeal dismissed with costs
Orders
- Appellant-husband to pay medical reimbursement to respondent-wife by 31 December 2008 as directed by High Court, with costs
Full Case Text
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