Medical Treatment

Word 'maintenance' in the context of Muslim family laws, as far as wife and children are concerned, is inclusive of many heads not explained but is not exhaustive

Maintenance cannot be limited by cap and has to be looked into with reference to each case

If medical treatment either for a wife or minor does not fall within the definition of maintenance, then no husband would take either his wife or children for medical treatment and those dependents (under the law) would then be deprived of such maintenance allowance

Maintenance in such context has a wide definition and is inclusive of every possible action for the wellbeing of children and wife, but within means

Medical treatment cannot be scrapped from definition of maintenance and cannot be disregarded as one of the components to be considered as part of maintenance

Supreme Court declined to interfere in the judgment passed by High Court

Petition for leave to appeal was dismissed and leave to appeal was refused.

Petitioner was retired employee of Pakistan Railways and his grievance was that authorities declined to reimburse his medical bill

Validity

Doctor of Railway hospital, had not admitted the petitioner in the hospital and compelled him to purchase prescriptive/diagnosed injections/medicines from open market and petitioner who was suffering from chronic disease having no other option resorted to purchase advised medicines from open market, as such petitioner could not be penalized for no fault on his part

Provision of health and education facilities are deemed to be the primary responsibility of the State in civilized societies

Petitioner who was retired employee of Pakistan Railways, was running behind State Functionaries for reimbursement of an amount which he had spent for purchase of medicines advised by doctor of Railway hospital because the injections/medicines were not available in that hospital which otherwise were required to be provided by the hospital authorities

Petitioner was entitled to reimbursement of bills for local purchased medicines/injections, as advised by doctor of Railway hospital

High Court directed the authorities to reimburse the amount spent by petitioner in respect of prescriptive injections/medicines of doctor of Railway Hospital

Constitutional petition was allowed in circumstances.