SHAFI Vs. RAIHANATH

JUDGEMENT

(1.) Striking off the defence is a drastic action especially in proceedings relating to matrimonial disputes. An order striking off the defence has tremendous impact on the fate of the litigation and the rights of the parties. It renders the party defenceless. The ambit and scope of the power of the court in that regard arise for consideration in this appeal.

(2.) The appellants are the husband and his father. The respondent is the wife. She filed O.P.No.706 of 2013 in the Family Court, Ottapalam against her husband and his father seeking a decree for return of her gold ornaments and also claiming past maintenance. The appellants filed objections to the claim raised by her. Meanwhile, she filed an application as I.A.No.745 of 2014, claiming interim maintenance for her and two minor children from the husband. As per the order dated 20.3.2015 passed in that application, the Family Court directed the husband to pay interim monthly maintenance at the rate of Rs.1, 500/- per month to the wife and Rs.1, 000/- per month to each of the two minor children and also litigation expenses of Rs.3, 000/-. Alleging that the husband failed to comply with the aforesaid order for payment of maintenance, the wife filed an application as I.A.No.123 of 2016 to strike off the defence of her husband and his father in O.P.No.706 of 2013. As per the order dated 11.2016 in that application, the Family Court struck out the defence of the husband and his father in O.P.No.706 of 2013. Thereafter, as per the impugned judgment dated 26.2016, the Family Court directed the husband and his father to return 60 sovereigns of gold ornaments and Rs.1, 50, 000/- to the wife or to pay her Rs.16, 50, 000/-. The husband was also directed to pay a total amount of Rs.4, 36, 000/- to the wife towards past maintenance. The appellants have challenged this judgment in this appeal.

(3.) We have heard the learned counsel for the appellants and also the respondent.