Maintenance and support under matrimonial law can include medical expenses, and ancillary reimbursement claims are maintainable.

In pending matrimonial proceedings under the Special Marriage Act, an ancillary application for medical reimbursement was maintainable because the procedural law applicable to the court could be invoked in those proceedings. The expressions "maintenance" and "support" were construed broadly to include medical care and treatment, reflecting their wide amplitude and the ordinary legal meaning of support. On that basis, the wife's claim for medical reimbursement was upheld, subject to the limited modification already made, and the husband's challenge failed.

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Issues: (i) whether an application for medical reimbursement was maintainable in pending matrimonial proceedings under the Special Marriage Act, 1954; (ii) whether the expressions "maintenance" and "support" under the Special Marriage Act, 1954 include medical expenses.

Issue (i): whether an application for medical reimbursement was maintainable in pending matrimonial proceedings under the Special Marriage Act, 1954

Analysis: The proceedings were already pending under the special matrimonial statute, and the procedural law applicable to the court exercising jurisdiction under that Act could be invoked. The wife, having instituted the matrimonial proceedings in a competent court, was entitled to move an ancillary application in those proceedings. The objection that the application was not maintainable was rejected.

Conclusion: The application was maintainable.

Issue (ii): whether the expressions "maintenance" and "support" under the Special Marriage Act, 1954 include medical expenses

Analysis: The statutory expressions were construed broadly. The court held that "maintenance" and "support" are words of wide amplitude and are comprehensive enough to include medical care and treatment. The reasoning was reinforced by the inclusive understanding of maintenance in allied matrimonial statutes and by the ordinary legal meaning of support as including medical attendance in sickness. On that basis, the award of medical reimbursement to the wife was upheld, with only limited modification by the High Court.

Conclusion: Medical expenses are included within "maintenance" and "support" under the Special Marriage Act, 1954.

Final Conclusion: The husband's challenge to the award of medical reimbursement failed, and the order granting the wife reimbursement, as modified by the High Court, was affirmed.

Ratio Decidendi: In matrimonial proceedings under the Special Marriage Act, 1954, the statutory entitlement to "maintenance and support" is broad enough to cover medical expenses, and an ancillary application seeking such relief is maintainable in the pending proceedings.

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