Interim Order 5

Order Details: copy of Order
Pdf Text: C. C. NO.7/DV/2020
ORDER BELOW EXH-80
By this application the applicant / wife has prayed for
reimbursement of medical expenses incurred during her surgery from
the respondent / husband.
2] According to her, she had filed application at Exh-23 for the
relief of her right hip replacement surgery and it was allowed by this
court by order dtd 03/04/2021. It was challenged by the respondent
before the Hon’ble Sessions Court. The order was partly modified by
the Hon’ble Sessions Court which directed respondent to deposit the
amount of Rs.1,15,518/- in the court. The applicant was suffering from
AVN (Avascular Necrosis) in both Hip joints since 2017. Her Orthopedic
Surgeon advised Hip replacement surgery of her left Hip. Accordingly,
the surgery was conducted on 25/11/2022. She incurred all the
expenses of said surgery. According to her, she has to incurred the
expenses of Rs.2,06,503/-. She prayed the said amount be paid to her
by the respondent.
3] The application is opposed by the respondent vide reply
(Exh-84). It is not disputed that the applicant went under Hip
replacement surgery. However, it is contended that as per order of the
Hon’ble High Court passed in Criminal Revision Application
no.409/2022 alongwith Criminal Interim Application No.2980 of 2022
dtd. 03/10/2023, the applicant was directed to file affidavit in respect
of medical expenses incurred by her. The Hon’ble High court further
directed this court to reconsider the interim application of the applicant.
Accordingly, she filed affidavit and this court has passed order dtd
13/03/2024. While passing the order this court has taken into
consideration the additional affidavit filed by the applicant in respect of
her medical expenses regarding hip replacement surgery. Now, again,
this court can not entertain the similar prayer by way of present
-- 1 of 3 --
2
application. Hence, the application is prayed to be rejected.
4] I had an opportunity to hear advocate Shri. A. T. Mhaske for
applicant and advocate Shri. V. V. Yelve for respondent.
5] According to the advocate for respondent this court has
already passed order on interim application dtd 13/03/2024. In para 8
of the said order, this court has taken notice of the affidavit of Assets
and Liabilities filed by applicant vide Exh-63 and also her affidavit
relating to medical expenditure filed vide Exh-64. After taking into
consideration both the said affidavits this court once for all decided all
the liabilities of the respondent. The applicant can not be allowed to
again file the similar application for the similar relief.
6] Per contra, the Ld. Advocate for applicant submits that the
applicant has filed her application claiming left hip surgery expenses
incurred by her vide Exh-30. However, the respondent changed his
advocates from time to time and every time the new advocate came
with some new confusing aspects. The court was tried to be misguided.
Therefore, she not pressed the said application. Thus, it is not at all
decided.
7] As far as the question of law regarding maintainability of
present application is concerned, I have to act upon the submission of
the applicant that she can apply for interim relief and her such right is
not restricted for once. She may apply to get interim maintenance even
if it was already passed in the circumstances as that of present case.
8] The only question before me was to interpret whether by
order dtd 13/03/2024 this court has decided the application of
reimbursement of medical expenditure which is claimed by the
applicant by way of present application. The answer is obviously No.
The reason is that while passing order dtd 13/03/2024, the issue of
reimbursement of medical expenditure was not adjudicated at all.
-- 2 of 3 --
3
Indeed, at that time, the applicant had not pressed her application
(Exh-30) claiming the similar relief which is claimed in this application.
9] Even if this court has referred the affidavit of medical
expenditure (Exh-64) filed by the applicant in its order dtd
13/03/2024, it is apparent that the respondent was not directed to
reimburse the said amount by paying it to the applicant.
10] My attention was also drawn towards the very important
fact that the surgery of applicant was covered under Insurance Policy.
It can be observed from certain documents filed by the applicant vide
(Exh-87) that she had contacted the insurance policy agent and came
to know from him that the respondent had received the said amount or
the amount is receivable by the respondent from the insurance policy.
Thus, in view of the fact that the present claim of medical expenditure
of applicant is not yet decided and it is the obligation of respondent /
husband to pay for the surgery which was necessary in view of the
documents filed by the applicant showing various medical opinions.
Hence, the following order is passed:-
ORDER
1. The application is allowed.
2. The respondent / husband shall pay the amount of
Rs.2,06,503/- (Rs. Two Lacs Six Thousand Five Hundred and Three
Only) to the applicant within two weeks from the date of this order.
3. Copy of order given free of costs to both the parties.
Date :- 01/04/2025
Place:-Vikhroli.
Sd/-
(S. M. Kale)
Addl. Chief Judicial Magistrate,
31st Court, Vikhroli, Mumbai.
-- 3 of 3 --