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2021 Supreme(Online)(KER) 16242
HIGH COURT OF KERALA
A. Muhamed Mustaque, J, Dr, Kauser Edappagath, J
RAJEESH – Appellant
Versus
ARCHANA – Respondent
OP (FC)/161/2021
SRI.BINOY VASUDEVAN, SRI.K.ABOOBACKER SIDHEEQUE
The court established the principle that installment payments for maintenance can be permitted to ensure compliance and preserve the right to contest.
Headnote:
Maintenance - Family Law - Original Petition Sections - The court allowed installment payment for maintenance arrears, ensuring that default would negate the benefit of installments and permit continued contestation.
Fact of the Case:
The petitioners challenged a Family Court order striking off pleadings due to non-payment of maintenance. The court temporarily stayed this order, requiring a payment of Rs.10,000 as a condition.
Finding of the Court:
The court permitted the petitioners to pay maintenance arrears in six installments, emphasizing that any default would revoke their ability to contest.
Issues: Whether the petitioners should be allowed to pay maintenance arrears in installments instead of being subject to the striking off of pleadings.
Ratio Decidendi: The court held that ensuring payment in installments could facilitate the petitioners' right to contest while maintaining compliance with maintenance obligations.
Final Decision: The Original Petition is disposed of allowing installment payments for maintenance.
JUDGMENT
Dated this the 18th day of March 2021 A.Muhamed Mustaque, J.
This Original Petition was filed challenging Ext.P5 order. On account of non-payment of maintenance, the Family Court ordered striking off the pleadings. It is challenging this, the petitioners have approached this Court. This Court on 03.03.2021 passed the following interim order:
“Admit. Issue notice to the respondent.
Simultaneously, the petitioners shall serve notice to the respondent through the counsel appearing for the respondent before the Family Court, Ottapalam in O.P.No.573/2014.
The impugned order, ordering striking of the pleadings of the petitioners on default of non- payment of maintenance is stayed on condition that the petitioners shall pay a sum of Rs.10,000/- (Rupees ten thousand only) within a period of ten days.”
2. The learned counsel for the petitioners submitted that they may be permitted to discharge the maintenance arrears in monthly instalments. The learned counsel for the respondent opposed. Taking note of the facts and circumstances, we are of the view that the petitioners can be allowed to clear the maintenance arrears on the following conditions:
i. The petitioners shall pay the maintenance arrears along with the current maintenance payable in six instalments on or before 10th day of every month commencing from next month onwards.
ii. If the petitioners commit default in making anyone of the instalments, the benefit of the instalment facility will not be available to them.
iii. If the petitioners comply with the above conditions, they are permitted to contest the matter and the court shall not enforce the order of striking off the pleadings.
The Original Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
DR. KAUSER EDAPPAGATH JUDGE
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 03.04.2017 IN IA NO.1623/2016 IN OP NO.573/2014 ON THE FILE OF THE FAMILY COURT, OTTAPPALAM.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 22.05.2019 IN OP(FC) NO.281/2017.
EXHIBIT P3 TRUE COPY OF IA NO.3/2020 FILED BY THE RESPONDENT ON THE FILE OF THE FAMILY COURT, OTTAPPALAM.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 31.08.2016 IN MC NO.169/2014.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 08.02.2021 IN IA NO.3.2020 IN OP NO.573/2014 ON THE FILE OF THE FAMILY COURT, OTTAPPALAM.
