Restoration of pleadings contingent on compliance with maintenance obligations.

Devan Ramachandran , J.

The appellant challenges the order of the learned Family Court, Malappuram, dated 16.08.2024, in IA No.1/2024 in OP No.1484/2022.

2. Compendiously, the above Original Petition was filed by the respondents, seeking return of gold ornaments of the first respondent and money - which she stated to comprise her patrimony - as also past maintenance; in which, they filed IA No.1/2024, seeking that the pleadings of the appellant herein be struck off since he had violated the earlier order of maintenance which he suffered in MC No.538/2022.

3. The learned Family Court allowed the afore application and struck off the pleadings of the appellant; thus constraining him to approach this Court through this appeal.

4. We do not propose to enter into the facts and details of this case for the singular reason that, as was undertaken by Sri.C.Dinesh - appearing for the appellant before this Court, when we considered this matter on 19.01.2026, the appellant is stated to have now paid off the entire arrears of maintenance in MC No.538/2022; and the learned counsel now further undertake that his client will continue to pay the amounts without default in future.

5. In fact, Sri.Aashique Akthar Hajjigothi – learned counsel for the respondents, affirmed that half of the arrears of maintenance have been remitted to the learned Family Court; while the balance has been paid to his client. He added that if this Court is inclined to grant any benefit to the appellant, it may be clarified that the entire amount remitted to the learned Family Court may be released to his clients; further that the undertaking of the appellant that he will continue to make the payment as per the MC, be recorded.

6. We find the afore suggestion of Sri.Aashique Akthar Hajjigothi to be worthy and we accept it.

7. Resultantly, we allow this appeal and set aside the order of the learned Family Court dated 16.08.2024; thus restoring the pleadings of the appellant in OP No.1484/2022. The learned Family Court will consequently dispose of the Original Petition in terms of law, after affording necessary opportunities to both sides.

8. We, however, clarify that the afore is on condition that the appellant will continue to pay the arrears as ordered against him in MC No.538/2022 in terms of law and that violation of the same will entail the benefit of this judgment being lost to him. We record the undertaking of Sri.CDinesh to such effect made on behalf of his client.

Finally, if any amounts, being the arrears of maintenance in MC No.538/2022, are in deposit before the learned Court, we permit the respondents to apply for it; and it shall be released to them by the said Court without any avoidable delay.

Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu APPENDIX OF MAT.APPEAL NO. 930 OF 2025 PETITIONER ANNEXURES Annexure-A CERTIFIED COPY OF THE IA NO. 01/2024 IN OP NO. 1484/2022 DATED 16.08.2024