JAYAN S/O PONNU Vs. SUJA

JUDGEMENT

(1.) This original petition is filed challenging the direction issued by the Family Court striking off the defence of the petitioner.

(2.) When the matter was being heard, this Court had directed the petitioner to deposit 50% of the arrears of maintenance amount within a period of four weeks. The said amount has not been deposited so far. The only issue that has arisen in the present lis is whether the Family Court was justified in striking off the defence of the petitioner.

(3.) Perusal of the impugned order, Ext.P8 would show that the application was filed in I.A.No.2060/2015 in O.P.No.103/2012. The original petition was originally filed before the Family Court, Thrissur in 2006 which was transferred to the Family Court, Irinjalakkuda and re-numbered as above. The original petition was decreed directing the 1st respondent/petitioner herein to pay Rs.1,41,800/- with interest @ 6% per annum. The petitioner herein filed an application under Order 9 Rule 13 of the Code of Civil Procedure and also preferred Mat.Appeal No.210/2015 before the High Court. The High Court had set aside the judgment and directed the matter to be decided on merits. Thereafter, fresh notice was issued and again the petitioner herein was set ex parte. Later on, the ex parte order was suo motu revoked at the time of grant of objections. In the meantime, an application was filed under Section 151 of C.P.C inter alia seeking for striking off the defence for non-payment of arrears of maintenance ordered in M.C.No.231/2012.