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2006 DIGILAW 1167 (RAJ)

TARA DEVI v. RAMJAS GOYAL

2006-04-13

R.P.VYAS, RAJESH BALIA

body2006
Judgment ( 1 ) HEARD learned counsel for the parties. ( 2 ) THIS appeal is directed against the order of learned Family Court, Jodhpur dated 22. 7. 2002 by which the application of the appellant under section 9 for Restitution of Conjugal Rights has been rejected. ( 3 ) DURING the course of hearing before this court, efforts for reconciliation between the parties were made but the same could not materialise. On the last hearing, the parties made reference about the past circumstances in the nature of allegations and cross allegations, and agreed that it is not possible to resume matrimonial relation between the parties and husband has agreed to pay Rs. 1750/- per month henceforth as maintenance to the wife, which shall not be reviewed for three years. ( 4 ) THEREAFTER, the parties will be free to move for modification of the order for maintenance, if so advised before appropriate forum. This concession was made and agreed to by both the parties in the presence of their respective learned counsel. ( 5 ) ACCORDINGLY, the appeal is disposed of in terms of agreement arrived at between the parties by directing the respondent-husband to continue to pay Rs. 1750/- per month to the appellant by way of maintenance. ( 6 ) LEARNED counsel for the appellant has further submitted that the husband of the appellant is entitled to medical reimbursement for medical treatment taken by her as his wife depended on him. Since rejection of the application for restitution of conjugal rights, the status of husband and wife continues and she is getting maintenance from her husband, medical expenses incurred on her treatment are also liable to be reimbursed under the Rules governing reimbursement of medical expenses in the case of a retired municipal employee, which the respondent-husband in this case is. However, for such reimbursement necessary formalities are required to be made by entering her name in passbook of her husband relating to such reimbursement. Appropriate steps may be taken by the respondent for including the name of the appellant-Tara Devi in the medical pass-book for reimbursement of medical expenses incurred by her and he shall secure reimbursement of medical expenses to his wife. Appropriate steps may be taken by the respondent for including the name of the appellant-Tara Devi in the medical pass-book for reimbursement of medical expenses incurred by her and he shall secure reimbursement of medical expenses to his wife. ( 7 ) IT is further agreed between the parties that other disputes including criminal case filed against the respondent-husband by wife or any proceeding against the wife shall not be pursued by them and necessary application shall be moved before the appropriate courts or authorities as the case may be. We direct them to do so within four weeks. ( 8 ) SUBJECT to aforesaid, the order rejecting application for restitution of conjugal rights is maintained. Appeal is accordingly disposed of. No costs.