AI Overview...
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Defence Struck Off for Non-Payment of Maintenance - In petitions under the Hindu Marriage Act, 1955, if the husband fails to comply with court orders regarding maintenance pendente lite, his defence can be struck off. Once the defence is struck off due to non-payment, the court typically considers the wife's allegations as correct and does not permit the husband to be heard on merits. This is supported by multiple cases where courts have emphasized that disobedience of court orders regarding maintenance leads to the automatic striking off of defence Neelam Rani VS Dinesh Kumar - Punjab and Haryana, Kiran Bala Bangar VS Vijay Kumar Bangar - Punjab and Haryana, Sarabjit Kaur VS Avtar Singh - Punjab and Haryana, Suman VS Ajit Singh - Punjab and Haryana.
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Court's Discretion and Enforcement Powers - The courts have inherent powers to enforce compliance with their orders, including striking off a defence for non-payment or disobedience. Such measures ensure adherence to court directives and uphold the integrity of proceedings Mangalam VS Velayudhan Asari - Kerala.
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Impact of Disobeying Court Orders - When a husband defaults on maintenance payments or disobeys court orders, his opportunity to contest the petition diminishes, and his defence can be dismissed or struck off. This facilitates the progression of the case based on the wife's allegations, which are deemed correct in the absence of compliance Neelam Rani VS Dinesh Kumar - Punjab and Haryana, Suman VS Ajit Singh - Punjab and Haryana.
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Limitations on Striking Off Defence - While courts generally strike off defence in cases of non-compliance, this remedy is specific to maintenance-related petitions and does not imply that the defence cannot be reinstated or that the defence cannot be challenged on other grounds if the default is rectified.
Analysis and Conclusion:
In petitions under the Hindu Marriage Act, the defence of the husband cannot be allowed to proceed if he disobeys court orders, particularly regarding maintenance pendente lite. Courts have consistently held that non-payment or disobedience results in the automatic striking off of defence, making the wife's allegations accepted as correct and enabling the court to proceed with the case. This mechanism underscores the importance of compliance with court directives and ensures that non-compliant parties do not hinder the judicial process.
Search Results for "Defence Cannot be Struck Off in Petition under Hindu Marriage Act"
2010 0 Supreme(P&H) 2257 • India - Punjab and Haryana
RAJESH BINDA
Code, 1908--Striking off defence--Once the defence of the husband is struck off on account of non-payment of litigation expenses ... Since, the respondent has not complied with the earlier orders passed by High Court, his defence, struck off--After striking off ... (A) Hindu Marriage Act, 1955, Ss.13 & 24--Civil Procedure Code, 1908--Striking off defence--Husban....
2011 0 Supreme(P&H) 654 • India - Punjab and Haryana
RAJESH BINDAL
by Court--Person disobeying the order of Court cannot be allowed to be heard on merits--Defence struck off--Allegations of wife ... made in petition are to be taken as correct. ... Hindu Marriage Act, 1955, S.24--Maintenance pendente lite--Non payment of--Husband has not paid maintenance pendente lite as ordered ... It has been consistently opined that after the striking off defence of the husband on account of non-payment of mainte....
2010 0 Supreme(P&H) 2339 • India - Punjab and Haryana
RAJESH BINDAL
(A) Hindu Marriage Act, 1955, S.24--Civil Procedure Code, 1908--Maintenance pendente lite--Non-Payment of--Striking off defence-- ... of non-payment of maintenance, the wife’s allegations in the petition are to be taken as correct or the husband cannot be permitted ... be allowed to be heard on merits--Since, the respondent has not complied with the order passed by this court his defence, struck ... The person who is disobeying the order of the court....
2011 0 Supreme(P&H) 168 • India - Punjab and Haryana
RAJESH BINDAL
Hindu Marriage Act, 1955, S.24--Maintenance--Pendente lite--Non-Payment of--Striking off defence--No amount paid even after three ... years of orders to pay maintenance--Even no appeal was filed against order fixing maintenance--Defence rightly struck off--Wife’ ... s allegations in the petition are to be taken as correct and the husband cannot be permitted to be heard on merits. ... The person who is disobeying the order of the cou....
1992 0 Supreme(Ker) 251 • India - Kerala
PARIPOORNAN
Hindu Marriage Act - Divorce - S.13, S.151 of the Code of Civil Procedure - Striking off the defence - S.24 of the Hindu Marriage ... The respondent failed to comply with the court orders to pay maintenance and expenses, leading to a petition to strike off the defense ... Act - Enforcement of court orders - Inherent powers of the court Fact of the Case: The petitioner filed a petition ... This is a fit case in whi....
2008 0 Supreme(Chh) 116 • India - Chhattisgarh
DILIP RAOSAHEB DESHMUKH
The appellant requested the respondent's defence to be struck off and the appeal to be allowed. ... Maintenance - Hindu Marriage Act, 1955 - S. 13(1)(iii) - S. 24 - Bani, W/o Parkash Singh v. ... the defaulting party's defence and allowing the appeal. ... Parkash Singh (supra), the High Court has not only ordered the defence of the husband in the petition under S. 13 of the Act to be struck off bu....
2016 0 Supreme(Guj) 1333 • India - Gujarat
M.R.SHAH, A.S.SUPEHIA
Marriage Petition can be dismissed or defence of the defaulting party/husband can be struck off – Impugned order passed by Family ... party to clear the arrears of maintenance or defence of the defaulting party can be struck off, as in the present case, as observed ... Marriage Petition and/or refuse to grant any relief in the Hindu Marriage Petition on failure ....
1996 0 Supreme(P&H) 1489 • India - Punjab and Haryana
SAROJNEI SAKSENA
HINDU MARRIAGE ACT - SECTION 23(2), 24 - DIVORCE - RECONCILIATION - STRIKE OFF DEFENCE - INTERPRETATION - SCOPE AND PURPOSE. ... The lower court struck off the husband's defense for not appearing for reconciliation and granted divorce based on the wife's evidence ... Hindu Marriage Act? ... is passed, fails to comply with that order, his of her defence is struck off and the matri....
2001 0 Supreme(P&H) 741 • India - Punjab and Haryana
V.K.JHANJI
granting maintenance pendente lite to the wife has the result that the defence of the husband has to be struck off. ... the husband, and the opportunity for the appellant to contest the petition under Section 13 of the Hindu Marriage Act. ... Hindu Marriage Act, and the appellant wife was given an opportunity to contest the petition after the respondent-husband made payment ... Tarsem, 1983 HLR 510, this Court has held that the effe....
2024 0 Supreme(Mad) 2476 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.Lakshminarayanan
(A) Hindu Marriage Act, 1955 - Section 13A - Code of Criminal Procedure, 1973 - Section 125 - Civil Revision Petition against an ... the defence. ... ... ... Result: Civil Revision Petition allowed; prior order set aside. ... Insofar as the submission of Mrs.S.P.Arthi that, since her defence in the Maintenance Case has been struck off, she cannot be called upon to pay the maintenance by the wife in the present proceeding, is conce....
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