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2018 Supreme(Ker) 392

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
Shafi S/o. Hydru – Appellant
Versus
Raihanath, D/o. Hamza – Respondent


Advocates Appeared:
For the Appellant : Sri. T.C. Suresh Menon, Sri. P.S. Appu, Sri. A.R. Nimod.
For the Respondent: Sri. P. Jayaram.

JUDGMENT :

R. Narayana Pisharadi, J.

Striking off the defence is a drastic action especially in proceedings relating to matrimonial disputes. An order striking off the defence has tremendous impact on the fate of the litigation and the rights of the parties. It renders the party defenceless. The ambit and scope of the power of the court in that regard arise for consideration in this appeal.

2. The appellants are the husband and his father. The respondent is the wife. She filed O.P.No.706 of 2013 in the Family Court, Ottapalam against her husband and his father seeking a decree for return of her gold ornaments and also claiming past maintenance. The appellants filed objections to the claim raised by her. Meanwhile, she filed an application as I.A.No.745 of 2014, claiming interim maintenance for her and two minor children from the husband. As per the order dated 20.3.2015 passed in that application, the Family Court directed the husband to pay interim monthly maintenance at the rate of Rs.1,500/-per month to the wife and Rs.1,000/-per month to each of the two minor children and also litigation expenses of Rs.3,000/-. Alleging that the husband failed to comply with the aforesaid order fo
















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