SHIJU Vs. RIJINO

JUDGEMENT

(1.) This Original Petition is filed under Article 227 of the Constitution of India, challenging the legality and propriety of Ext.P6 order passed by the Family Court, Irinjalakkuda in O.P.No.315/2016 on the file of that court.

(2.) The petitioner is the husband of the respondent. He filed O.P.No.315/2016 in the Family Court, Irinjalakkuda against the respondent for granting a decree of divorce under Section 10 of the Indian Divorce Act. The petitioner had also filed an application as I.A.No.373/2017 in the court below to give a direction to the respondent to appear before the Medical Board to assess her mental condition. During the pendency of the aforesaid case, the respondent filed an application as I.A. No.1424/2017 to strike off the divorce petition as well as I.A.No.373/2017 filed by the petitioner. The application I.A.No.1424/2017 was filed by the respondent on the ground that the petitioner herein had failed to obey the order of the court directing him to pay Rs. 2,500/- per month as interim maintenance to her and that a total amount of Rs. 20,000/- was due from him as arrears of maintenance. The petitioner herein had filed objection in the aforesaid application contending that the application for striking off the averments in the original petition and the application I.A.No.373/2017 is not legally maintainable.

(3.) As per the impugned order, the Family Court held that it cannot be found that the husband has no locus standi to proceed with the original divorce petition. However, the Family Court found that since an amount of Rs. 20,000/- was due from the petitioner to the respondent as arrears of maintenance, he has no locus standi to defend the pleadings put forward by the wife. The Family Court directed the petitioner to deposit the arrears of maintenance within 15 days. It was also ordered by the court below that on failure of the petitioner to deposit the arrears of maintenance, the application I.A.No.373/2017 shall stand dismissed.