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Judgment
Sophy Thomas, J.
The petitioner in OP No.532 of 2018 on the file of Family Court, Pala, filed the above original petition aggrieved by the action of the Family Court in proceeding with the evidence of the respondent/husband, before disposing Ext.P4 petition filed by her for striking out his pleadings, as he failed to pay the interim maintenance ordered by the court.
OP No.532 of 2018 was filed by the original petitioner for recovery of money. The respondent/husband defaulted payment of maintenance ordered by the Family Court @ Rs.15,000/- per month. So, the petitioner/wife filed Ext.P4 application to strike off his defence. Without considering or disposing that application, the Family Court granted opportunity to the respondent for adducing evidence, in gross violation of the dictum laid down by the Apex Court in Rajnesh vs. Neha and another (2020 (6) KHC 1).
Considering the nature of relief prayed, notice to the respondent is dispensed with.
If failure to pay maintenance is deliberate and willful, and if the husband violates the order of the court to pay the maintenance without any impunity, the Family Court will be justified in striking off his defence even in a proceedings instituted by the wife in which she has not claimed any maintenance. For the purpose of doing justice, courts will have to adopt such methods, if the failure to honour the orders of the court is deliberate and willful. So, the Family Court, Pala, before permitting the respondent/husband to adduce evidence, has to dispose of Ext.P4 (I.A No.3 of 2023), on its merits.
With that direction, this OP(FC) is disposed of.
Learned counsel for the petitioner is directed to serve a copy of this judgment to the learned counsel appearing for the respondent before the Family Court.
Registry of this Court is directed to communicate this judgment to the Family Court, Pala forthwith.