Radhika Mittal
The Bombay High Court, recently directed the Appellate Court to expedite its decision regarding the maintenance of a woman in a vegetative state. This order was issued by Justice Sharmila U. Deshmukh in response to a petition filed by the woman, who challenged the significant reduction of her maintenance amount by the Appellate Court without adequate reasoning.
Case Background
The petitioner, married in 2016 and residing in the UK with her husband, became bedridden after a medical emergency in 2017. Her family incurred expenses for her treatment in the UK and subsequently moved her back to India. Despite assurances from her husband to cover her medical maintenance, her family contended that he failed to provide adequate financial support, leading them to shoulder the entire burden of her care.
The woman’s father, on her behalf, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), seeking various reliefs including financial maintenance.
Trial Court and Appellate Court Orders
The Trial Court acknowledged the wife’s condition and her lack of income, awarding her an interim maintenance of Rs. 1,20,000 per month from the date of the application, along with an additional Rs. 1,00,000 per month towards arrears until the total amount of Rs. 43,20,000 was cleared.
Upon appeal, the Appellate Court, while recognizing the immediate financial needs of the wife, reduced her monthly maintenance to Rs. 25,000 without providing substantial justification. This decision prompted the wife to seek intervention from the High Court.
High Court’s Findings
Justice Deshmukh found the Appellate Court’s reduction of maintenance to be unjustified, as it lacked any supporting rationale and was inconsistent with the earlier rejection of the husband’s plea to quash the proceedings. The Court emphasized that the mere existence of free healthcare in the UK did not negate the husband’s responsibility to cover medical expenses in India.
Consequently, the High Court quashed the Appellate Court’s order and instructed it to expedite its decision, setting a hearing date for June 18, 2024, with a directive to conclude within three weeks thereafter.
This ruling underscores the judiciary’s focus on ensuring that the needs of individuals in vulnerable medical conditions are met with prompt and just financial support.
Case Reference: Krisha Manglani v. Sagar Ishwar Manglani, 2024 SCC OnLine Bom 1686, decided on 25-04-2024
Bench: Justice Sharmila U. Deshmukh