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2025 Supreme(Online)(KER) 5857

HIGH COURT OF KERALA
Devan Ramachandran, M.B. SNEHALATHA, JJ
ROSEMOL P.J. – Appellant
Versus
JOSHY @ SHAJU T.J. – Respondent


Advocates:
For the Appellants/Petitioners: Anand Kalyanakrishnan
For the Respondents:

JUDGMENT

Devan Ramachandran , J.

The petitioner challenges Ext.P7 order of the learned Family Court, Thrissur, whereby, her request to strike off the defence of the respondent herein in OP No.1495/2019, filed by her seeking recovery of ornaments, has been rejected. 2. Sri.Anand Kalyanakrishnan – learned counsel for the petitioner, vehemently argued that the respondent is deliberately and willfully violating maintenance orders issued by the learned Family Court in MC No.536/2019; and therefore, that his client had no other option but to move IA No.1/2024, which has now been, however, dismissed. He argued that when the respondent has obdurately violated orders and is even facing distress warrant, the learned Family Court ought not to have allowed him any opportunity of being able to defend his case; and that this is a fit case where his pleadings ought to have been struck off, invoking the provisions of Section 151 of Code of Civil Procedure (CPC), as declared by this Court in Maximus Fernandez alias Maxwell Fernandez v. Olga Fernandez [ 2018 (4) KLT 709 ].

3. Before we move forward, we must record that the summons issued to the respondent from this Court has been validly served; but

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