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2021 Supreme(Online)(KER) 31690
HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
DEEPA M. K. – Appellant
Versus
DELJO VINCENT – Respondent
OP (FC)/376/2021
V.K.BALACHANDRAN, DRISHYA K. PRAKASH, BIJU.P.N.
The court reaffirmed that striking off pleadings is a severe measure, only suitable in extreme cases, and not warranted in this instance.
Headnote:
Recovery - Family Court Proceedings - Act Section List - This case pertains to the Family Court's refusal to strike off the respondent's pleadings regarding non-compliance with earlier court orders. The court emphasized that striking off would only occur in extreme circumstances and the enforcement of warrants is essential.
Fact of the Case:
The petitioner challenged the Family Court's dismissal of her petition to strike off the respondents' defense regarding the recovery of gold ornaments, citing non-compliance with prior court orders.
Finding of the Court:
The court found that striking off pleadings is an extreme measure and would only be warranted in specific circumstances. It maintained that the Family Court should ensure enforcement of any issued warrants.
Issues: Whether the Family Court's refusal to strike off the respondents' pleadings was justified despite alleged non-compliance with court orders.
Ratio Decidendi: The court concluded that the Family Court's discretion not to strike off pleadings was appropriate under the circumstances, and emphasized the need for enforcement of warrants issued if required.
Final Decision: Petition disposed of; Family Court to ensure warrant enforcement.
J U D G M E N T
A.Muhamed Mustaque, J.
The petitioner approached this Court challenging the order dated 23.03.2021 in I.A No.1620 of 2021 in O.P No.1990 of 2013 on the file of the Family Court, Ernakulam dismissing her petition to strike off the defence of the respondents in a proceedings for recovery of the value of gold ornaments, initiated by the petitioner herein.
2. This matter has been tried along with the maintenance case and also with other cases between the parties. The petitioner pointed out that in spite of an order passed as per Ext.P1 on 19.09.2016 and modified by the Single Bench of this Court by Exts.P2 and P3, they have not been complied by the respondents and therefore, the pleadings will have to be struck off.
3. The Family Court refused to strike off the pleadings for the reason that this Court directed in an earlier challenge made by the respondents for expeditious disposal of the case and also to revive coercive steps against the respondents.
4. Striking off the pleadings would arise in extreme circumstance that too, in same proceedings between the parties where such an order has been passed for compliance. Here the petitioner had sought to strike off the pleadings not in a proceedings where maintenance has been ordered. Anyway, we are not deciding that issue at this stage. It is open for the Family Court to strike off the pleadings on account of non compliance of the order passed in a connected or related matter.
5. The trial is going on. If warrant has been issued, the Family Court shall ensure that the same is enforced. If the respondents appear before the Commissioner for adducing evidence, no doubt, the court can order enforcement of the warrant already issued, if any. We may not be justified in interfering with the impugned order inasmuch as that this was not a fit case to strike off the pleadings. The competent jurisdictional Police shall see that warrant issued, if any, from the Family Court is enforced. The Family Court shall also hand over the warrant by hand to the petitioner.
With the observations as above, this original petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE smp APPENDIX OF OP (FC) 376/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE HONOURABLE FAMILY COURT, ERNAKULAM IN MP NO.301/2015 IN MC. NO.113/2015.
Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE HONOURABLE HIGH COURT IN O.P.(CRL)
NO.296/2017.
Exhibit P3 TRUE COPY OF THE JUDGMENT OF HONOURABLE HIGH COURT, IN O.P.(CRL) NO.296/2017.
Exhibit P4 TRUE COPY OF THE I.A.NO.1620/2021 IN O.P.NO.1990/2013 ON THE FILES OF FAMILY COURT, ERNAKULAM.
Exhibit P5 TRUE COPY OF THE ORDER DATED 23.03.2021 IN I.A.NO.1620/2021 PASSED BY HON'BLE FAMILY COURT, ERNAKULAM. RESPONDENTS' EXHIBITS: NIL.
True Copy P.S to Judge smp
