Kerala High Court
Anitta Ashok vs Ratheesh M.A on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
OP (FC) NO. 266 OF 2023
AGAINST THE ORDER/JUDGMENT IN OP 152/2020 OF FAMILY COURT, PALA
PETITIONER/RESPONDENT:
ANITTA ASHOK
AGED 43 YEARS
D/O PARATHARIL MADHAVAN ASHOK,
PARATHARAYIL HOUSE, NADACKAL
P.O., KOTTAYAM, PIN - 686121.
BY ADVS.
LUKE J CHIRAYIL
AMAL JOSE
RESPONDENT/PETITIONER:
RATHEESH M.A.
AGED 43 YEARS,
SON OF ANIRUDHAN, MUNDUNADACKAL
HOUSE, KORUTHODU P.O. KORUTHODU
VILLAGE, KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT KERALA,
PIN - 686513.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC) No.266 of 2023 2
A.MUHAMED MUSTAQUE &
SOPHY THOMAS, JJ.
--------------------------------------------
OP (FC) No.266 of 2023
--------------------------------------------
Dated this the 24th day of May, 2023
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.
2. 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.
3. Considering the nature of relief prayed, notice to the
respondent is dispensed with.
4. 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.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
smp
APPENDIX OF OP (FC) 266/2023
PETITIONER EXHIBITS
Exhibit THE TRUE COPY OF THE ORIGINAL PETITION DATED
P1 26.02.2020 NUMBERED AS O.P. (DIV) NO. 152 OF
2020, ON THE FILES OF HONORABLE FAMILY COURT,
PALA
Exhibit THE TRUE COPY OF THE OBJECTION IN O.P. (DIV) NO.
P2 152 OF 2020 FILED BY THE PETITIONER HEREIN DATED
22.12.2022 ON THE FILES OF HONORABLE FAMILY
COURT, PALA
Exhibit THE TRUE COPY OF THE PETITION DATED 23.09.2017
P3 NUMBERED AS M.C. NO. 85 OF 2017, ON THE FILES OF
HONORABLE FAMILY COURT, PALA
Exhibit THE TRUE COPY OF THE M.P. NO 221/2017 DATED
P4 23.09.2017 ON THE FILES OF THE HONOURABLE FAMILY
COURT PALA
Exhibit THE TRUE COPY OF THE IA. NO 6 OF 2023 IN O.P.
P5 (DIV) NO. 152 OF 2020 DATED 30.01.2023 ON THE
FILES OF THE HONOURABLE FAMILY COURT PALA
Exhibit THE TRUE COPY OF THE CASE STATUS IN O.P. (DIV)
P6 NO. 152 OF 2020 ON THE FILES OF THE HONOURABLE
FAMILY COURT, PALA.
True Copy
P.S to Judge
smp
