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Preetha, D/o. Rajam – Appellant
Versus
Hareesh Kumar, S/o Rajan Achari – Respondent
JUDGMENT :
DEVAN RAMACHANDRAN, J.
We commence being fully apprised that the legal issues qua Order VI, Rule 16, read with Section 151, of the Code of Civil Procedure (C.P.C), apropos of the striking off pleadings of litigants, have been declared affirmatively by a learned bench of this Court in Shafi and Another v. Raihanath [2018 (3) KLT 437].
2. The learned Bench interpretatively has held-to which we fully affirm-that:
12. The power of the Court under O.6 R.16 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') to strike out the defence can be exercised only in the specific circumstances mentioned therein. Unless any of the circumstances which are referred to in O.6 R.16 of the Code are present, the Court cannot strike off the defence in exercise of the power under that provision. But, outside the provisions contained O.6 R.16 of the Code, the Court has inherent power to strike off defence. A Court is mea
The court has inherent power to strike off pleadings for non-compliance with maintenance orders, but this must be applied cautiously and not indiscriminately to all parties in joint pleadings.
The main legal point established in the judgment is that the power to strike off the defence in a proceeding under Section 125 of the Code of Criminal Procedure should be exercised as a last resort, ....
Point of Law : Strike down of contentions – When unnecessary, scandalous, frivolous or vexatious, or which may tend to prejudice, embarass or delay the fair trial of the suit, or (c) which is otherwi....
The refusal to pay ordered maintenance constitutes an infringement of the fundamental right to live with dignity, impairing the spouse's ability to sustain themselves.
Striking out defence of defendant – Judicial discretion must not be exercised in favour of a party indulging in contumacious defiance.
Important points:The power to strike off defences can be exercised by the Family court in cases of civil nature handled by it when the wilfull default of the respondent to comply with the direction t....
A full trial is necessary to determine the nature of property in partition disputes; striking out pleadings requires strict adherence to CPC provisions ensuring fairness.
Striking off the defense in maintenance proceedings should be a last resort, requiring prior opportunity for compliance and consideration of alternative enforcement measures.
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