JUDGMENT :

Kauser Edappagath,J.

Whether an application for maintenance pendente lite u/s 24 of the Hindu Marriage Act, 1955 would lie in a proceeding other than under the said Act?

Under what circumstances can the Family Court strike off the defence for non compliance of the order to pay pendente lite maintenance?

These are the questions that arise for consideration in this matrimonial appeal.

2. The husband is the appellant. The wife and minor daughter are the respondents. The respondents filed OP No.304/2012 at the Family Court, Alappuzha (for short 'the court below') claiming return of gold ornaments, patrimony and maintenance. The appellant appeared at the court below and filed objection statement. During the pendency of the original petition, the respondents filed IA No.1119/2012 invoking S.24 of the Hindu Marriage Act,1955 and S.151 of the Code of Civil Procedure,1908 (for short "CPC") claiming pendente lite maintenance from the appellant @ Rs.7,000/-and Rs.8,000/-respectively. The court below allowed the said application and directed the appellant to pay maintenance @ Rs.5,000/-per month to the respondents from the date of the application till the disposal of the OP. Since the ap