Smt. Neelam vs Pramod
2022 Latest Caselaw 628 MP

                                      -: 1 :-
                                                                  F.A. No. 24/2019


 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
  [DIVISION BENCH: HON'BLE MR. JUSTICE VIVEK RUSIA
AND HON'BLE MR. JUSTICE RAJENDRA KUMAR (VERMA)]

                                F.A. No. 24/2019
   (Smt. Neelam W/o. Pramod Verma V/s. Pramod S/o. Hazarilal Verma)

Date : 13.01.2022 :
         Shri A.S. Rathore, learned counsel for the appellant-wife.
         Shri Pawan Kumar Verma, learned counsel for the respondent-

husband.

Heard on I.A. No.7404/2021, an application u/s. 24 of the Hindu Marriage Act.

The appellant-wife has filed the present appeal against the decree of divorce dated 5.12.2018 passed in favour of respondent-husband on the ground of cruelty. The marriage of the appellant and respondent was solemnized on 18.11.1991 under the Hindu rituals. They have two sons viz. Priyesh and Ramit and as on today they have attained majority. The appellant left the matrimonial home and lodged the FIR against her husband, mother-in-law, father-in-law, 'Nana Sasur', etc u/s. 498A of the IPC. They all suffered torture and cruelty, therefore, the court below has granted the decree in favour of respondent-husband. Thereafter, respondent and others have been acquitted u/s. 498A of the IPC. The present appellant has preferred the revision against the said judgment of acquittal which is pending before this Court.

In this appeal, the appellant had filed an application u/s. 24 of the Hindu Marriage Act seeking maintenance on medical ground. Said application was opposed by the respondent and vide order dated 6.2.2020 this Court has enhanced the amount of maintenance and directed the respondent-husband to pay the same @ Rs.22,000/- per month from the date of passing of the order.

Now, again the appellant has filed an application u/s. 24 of the Hindu Marriage Act on the ground that she was suffering from Chronic Active Pouchitis and undergone surgery and treatment in which she has incurred

F.A. No. 24/2019

expenditure of Rs.18,00,000/-. Since the respondent is working as a Senior Manager in Punjab & Sind Bank, therefore, he can get the reimbursement of the aforesaid amount for treatment of his wife. By way of this application, the appellant is also seeking maintenance @ Rs.50,000/- per month along with reimbursement of Rs.18,00,000/-.

The respondent-husband has filed the reply opposing the aforesaid application on the ground that the brother of the appellant is a Doctor and she has got prepared forged documents and bills. Earlier also, the respondent has paid heavy amount for her treatment. The several mediation proceedings have ended into failure. He is already paying Rs.22,000/- per month as maintenance to her and he is not in a position to pay any further amount.

We have heard the learned counsel for the parties.

So far claim of the appellant that she has incurred Rs.18,00,000/- for treatment and the same is liable to be paid by the respondent by way of reimbursement from the employer/bank is concerned, the appellant is not living as wife with the respondent. The respondent has obtained a divorce decree. In all the medical bills the appellant is not disclosing the name of respondent as her husband, she has mentioned her name as daughter of B.P. Pawariya. The amount incurred in the expenditure has already been paid by the appellant herself. There is no such pleading that she has borrowed the money from the market, therefore, she is in a position to bear the expenses. There is no denial that her brother is a Doctor. The respondent-husband is already paying Rs.22,000/- as monthly maintenance to the appellant in compliance of order dated 6.2.2020. In the considered opinion of this Court, the application is wholly misconceived.

Accordingly, I.A. No.7404/2021 is dismissed.

         [ VIVEK RUSIA ]                                                          [RAJENDRA KUMAR (VERMA)]
             JUDGE.                                                                        JUDGE.
Alok/-
                        Digitally signed by ALOK GARGAV

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh,

ALOK GARGAV 2.5.4.20=eae18b7018e4245a54c74948bb27999d7e052526864065 b20b27a5804a3e1fea, pseudonym=7CDEDE27CC58A5C0E24DE6046DC50DE017D631F3, serialNumber=9995A79B765CF420033A1CBAAFF5461F718D618B A2FDCA70E412F27FFE6E8CB0, cn=ALOK GARGAV Date: 2022.01.17 14:29:01 +05'30'