SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Gopal S/O Shivram Dhabrde vs Mrs. Maya W/O Madhukar Patil on 29 January, 2020

1 wp6723of17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR

WRIT PETITION NO. 6723 OF 2017
(Gopal s/o. Shivram Dhabarde, Yavatmal..vs.. Mrs. Maya w/o. Madhukar Patil, Nagpur)
————————————————————————————————————————————
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
———————————————————————————————————————————–
Mr. T.S. Deshpande, Advocate for petitioner.
Ms. Kirti Satpute, Advocate for respondent.

CORAM: RAVINDRA V. GHUGE, J.

DATE: 29th JANUARY, 2020.

1. This matter has been heard extensively by this
Court and time was granted to the respondent to research
as to whether there is any judicial pronouncement that the
medical expenses incurred by the sister of the deceased
wife, while she resided with her after separating from the
petitioner husband, could be recovered from the husband
after the death of the wife.

2. On 21.12.2020, I therefore, passed the following
order:

“1. The petitioner husband is aggrieved by
the order dated 17.9.2016, passed by the trial Court
by which, an application filed by the sister of his
deceased wife of the petitioner, in Petition No.
C-9/2017, has been allowed. She has been
permitted to prosecute the said proceedings
instituted by the deceased wife against the petitioner
husband for maintenance, on the ground that she is
the legal representative of the deceased wife.

2. The learned Advocate for the petitioner
relies upon the judgment delivered by the learned
Division Bench of this Court in the Matter of Shiv

::: Uploaded on – 30/01/2020 31/01/2020 01:57:42 :::
2 wp6723of17.odt

Kumar Singh Dagdusingh Thakur vs. Malti w/o. Shiv
Kumar Singh Dagdu Singh Thakur, 2011(4)Mh.L.J.
827, in which, it was held that the liability of the
husband in respect of maintaining the wife is a
personal obligation and is brought into existence on
account of the marriage between the two and such
relationship, if is extinguished by law or if the wife
dies, would relieve the husband from the liability of
the maintenance of the wife.

3. The learned Advocate for the sister of
the deceased wife, respondent herein, relies upon
the judgment delivered by the Hon’ble Apex Court in
the matter of Chiranjilal Shrilal Goenka (deceased)
thr Lrs vs. Jasjit Singh and Ors, 1993 AIR SCW 1439,
to support her contention that the Hon’ble Apex
Court has held that the term “legal representative” is
wide and is inclusive of not only the heirs of the
person, but even inter-meddlers of the estate of the
deceased as well as the person, who in law
represents the estate of the deceased.

4. The learned Advocate for the respondent
is granted time to research as to whether the amount
of Rs. 3 lacs that she has spent on the medical
treatment of her sister, who is the deceased wife of
the petitioner, on account of her illness, could be
recovered as medical expenses from the husband.

5. Stand over to 29.1.2020, for hearing and
passing orders”.

3. This petition has been preferred by the
petitioner, being aggrieved by the order dated 17.9.2016,
by which the learned Family Court has allowed application
Exh. 17, filed by the respondent, sister of the deceased wife
of the petitioner and has permitted her to step into the
shoes of the deceased wife in Petition C-9/2015 so as to
continue the litigation. The pending proceedings are with
regard to the claim of the deceased wife for reimbursement

::: Uploaded on – 30/01/2020 31/01/2020 01:57:42 :::
3 wp6723of17.odt

of medical expenditure and financial assistance for medical
expenditure from the husband, as she was suffering from
stomach cancer. She has eventually died on 21.9.2015.

4. It appears that the view taken by the learned
Division Bench in the matter of Shiv Kumar Singh
Dagdusingh Thakur vs. Malti w/o. Shiv Kumar Singh Dagdu
Singh Thakur, 2011(4) Mh.L.J. 827 , by which section 18 of
the Hindu Adoptions and Maintenance Act, was considered
and it was held that the liability of the husband would
extinguish after the wife passes away or if the relationship
between the husband and wife is extinguished by law.

5. I find that the learned Family Court will have to
deal with the issue as to whether the sister of the deceased
wife could continue with the litigation if the rights of the
wife, being childless, would be extinguished with her death.
If this issue is first decided, further litigation could be
avoided. It is already five years that the wife has passed
away and her sister and the petitioner husband are still in
litigation.

6. Considering the above, the impugned order
dated 17.9.2016, is quashed and set aside and application
Exh. 17 is restored in Petition No. C-9/2015.

7. The litigating sides would appear before the
Family Court on 31.1.2020, which is the next scheduled

::: Uploaded on – 30/01/2020 31/01/2020 01:57:42 :::
4 wp6723of17.odt

date.

8. While deciding Exh. 17, the trial Court shall
frame an issue as follows:

Whether, by law, the sister of the deceased wife
Lalita, can prosecute the claim of the deceased
wife, for reimbursement of the medical
expenditure incurred by her for the medical
treatment of her sister, from the husband
keeping in view the provisions of the Hindu
Adoptions and Maintenance Act?.

9. It is expected that the litigating parties would
conclude their oral / written submissions on or before
29.2.2020 and the learned Family Court is expected to
deliver its order below Exh. 17 considering all the
contentions of the parties and the law cited, on or before
31.3.2020.

(Ravindra V. Ghuge, J.)

Belkhede RS

::: Uploaded on – 30/01/2020 31/01/2020 01:57:42 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation