Both the Revision Applications arise out of common order dated 15th April, 2011. By the said order, the applicant No.2 Parshva is awarded an amount of Rs.2,000/- per month towards maintenance and Rs.5,000/- per month towards medical treatment. The applicant No.2 is stated to be suffering from Panhypopitutarism. Criminal Miscellaneous Application No.438 of 2012 is filed by Mr.Parth contending inter alia that amount of Rs.60,000/- has already been spent towards medical treatment for the said disease and the boy is required to be administered injection every month and amount of Rs.20,000/- is required to be spent for the cost of treatment. Hence, prayer is made seeking reimbursement of Rs.60,000/- and further direction upon the respondent to deposit an amount of Rs.20,000/- per month in addition to the amount already awarded.
In this application, by order dated 30th August, 2012, this Court directed the respondent-husband to deposit Rs.25,000/- without prejudice to his rights and contentions. Thereafter on 01st November, 2012 it was again directed that the amount as per the impugned order shall be paid by the husband regularly every month between 01st and 10th of every english calender month and arrears, if any, shall be cleared within a period of a week.
Today when the matter is considered at some length, there was a dispute amongst learned advocates for the respective parties as to whether there is any arrears remaining payable. In view of this factual dispute, learned advocates for the respective parties are hereby directed to place on record figures of the amount paid and received on affidavit within one week from today.
During the course of submission, it was urged by learned advocate Mr.Sanjay Mehta for the husband that he does not dispute ailment of his son and that husband is also willing to bear expenses of treatment, however, according to him, since he is serving as a Senior Manager in Bank, he is entitled to get reimbursement from Bank of the medical treatment, which is being required by his son.
In view of submission made by Mr.Mehta, the respondent No.2-husband is directed to produce on record a scheme whereby according to him the Bank will be reimbursing the medical treatment expenses of his son. The same shall be placed on record by the applicant by the next date of hearing. This is without prejudice to the contention of learned advocate Mr.R.L. Mehta for the applicant that irrespective of getting reimbursement from the Bank, husband should pay the medical expenses.
Considering the facts and circumstances and the fact that son is required to be treated for peculiar disease every month and to undergo expenses, in line with the direction in the order dated 30th August, 2012, it would be just and proper to direct the respondent-husband to deposit further amount of Rs.25,000/- with the Family Court without prejudice to his rights and contentions. The said amount shall be deposited within one week from today and on depositing the said amount with the Family Court by the respondent-husband, applicant-wife is permitted to withdraw the said amount. Learned advocate Mr.Mehta for the respondent-husband submitted that if the applicant of Criminal Miscellaneous Application No.438 of 2012, i.e. Parth, is subject to fresh medical examination by the expert at Ahmedabad, exact nature of ailment and expenses to be borne can be found out. The said suggestion of Mr.Mehta may be considered, subject to response of other side at a later stage in the proceedings.
The aforesaid directions shall be complied with as stated above within one week from today. The matter is adjourned to 19th December, 2012 for further consideration.
(N.V.ANJARIA, J.) Anup Page 4 of 4