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Judgment
Sophy Thomas, J
The respondent in OP No.152 of 2020 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 petitioner/husband, before disposing Ext.P5 petition filed by her for striking out his pleadings, as he failed to pay the interim maintenance ordered by the court.
OP No.152 of 2020 was filed by the husband for divorce. He defaulted payment of maintenance as ordered by the court @ Rs.15,000/- per month. So, she filed Ext.P5 petition to strike off his pleadings. Without considering or disposing that application, the Family court granted opportunity to him 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/pleadings 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.P5 (I.A No.6 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.