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Jijo Mathew Alex – Appellant
Versus
Anu T. Cherian – Respondent
ORDER :
C.S.Dias, J.
The revision petition is filed assailing the order dated 17.10.2023 in M.C No.27/2021 of the Family Court, Mavelikkara, striking off the defence of the revision petitioner and posting the application for evidence. The revision petitioner is the respondent and the respondents 1 to 3 are the petitioners before the Family Court. The fourth respondent/State is a formal party.
Brief facts
2. The respondents 1 to 3 have filed the application, under Sec.125(1) of the Code of Criminal Procedure (in short, "Code"), seeking monthly maintenance allowance @ Rs.10,000/- each from the revision petitioner. It is their case that the revision petitioner is the husband of the first respondent and father of respondents 2 and 3. The revision petitioner has wilfully neglected to maintain them. Therefore, they are entitled to maintenance.
3. The revision petitioner had filed a written objection denying the allegations in the application.
4. The parties also filed their affidavits of disclosure of assets and liabilities as laid down in the decision of the Hon'ble Supreme Court in Rajnesh v. Neha and Anr. [2020(6) KHC 1].
5. The respondents 1 to 3 had also filed CMP No.37/2021 for an order o
Striking off the defense in maintenance proceedings should be a last resort, requiring prior opportunity for compliance and consideration of alternative enforcement measures.
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, ....
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....
Maintenance proceeding – Speedy trial/enquiry is fundamental rights of parties – Principle of natural justice shall be followed while adjudicating petition.
The defense can only be struck off for non-payment of maintenance when the default is shown to be wilful and contumacious, ensuring no party benefits from their own wrongdoing.
The main legal point established in the judgment is the importance of speedy disposal of maintenance petitions under Section 125 of Cr.P.C. to prevent destitution and vagrancy, as well as the duty of....
The right to cross-examine witnesses is fundamental in maintenance proceedings, and its curtailment without just cause is legally impermissible.
Interim maintenance under Section 125 of the Cr.P.C. requires thorough financial assessment of both parties, with specific affidavits of assets and liabilities being crucial for the determination of ....
A husband's imprisonment for non-payment does not absolve his obligation to pay maintenance; ongoing enforcement is essential to protect the recipient's welfare.
The court emphasizes the necessity of maintenance obligations during matrimonial litigation, allowing penalties for non-payment to ensure equity in proceedings.
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