Defence Evidence struck off after giving 3 months time

844 votes

since the matter is on the arguments stage the judge will hear the final arguments of the parties once the arguments are here the final order on maintenance will be given by the judge needless to say this order is available in a high court at the option of the agreed parties

Advocate Kunal Seth LawRato

826 votes

If interim maintenance is not paid, the court can take strict actions against this issuing of warrant. The court may refuse to hear the defaulter argument. As the non payment can be deemed as contempt of court, court may order for the payment of maintenance with interest.

Advocate Samriddhi Tripathi LawRato

683 votes

Yes, the respondents may still have a limited remedy, but it is entirely discretionary and depends upon the satisfaction of the Court. Since the defence evidence has already been struck off for non-compliance of the interim maintenance order and the respondents thereafter stopped appearing before the Court, the Magistrate is fully justified in proceeding the matter for arguments and judgment. However, before pronouncement of judgment, the respondents may move an application seeking: recall of the order striking off defence evidence, reopening of defence evidence, and/or recalling the matter from argument stage, by showing: sufficient cause for their absence, bona fide intention to participate, readiness to clear substantial arrears or comply with conditions imposed by the Court. That said, merely filing such an application does not create any vested right to lead evidence. Courts generally do not exercise discretion in favour of a party who: deliberately disobeys conditional orders, remains absent repeatedly, evades proceedings, or approaches the Court only at the final stage after protracting the matter. In matrimonial/maintenance proceedings, striking off defence for wilful non-payment of interim maintenance has repeatedly been upheld by courts. If the respondents have absconded and remained in continuous default despite final opportunity, the Magistrate may refuse reopening of evidence and proceed to decide the case on the basis of the material already available on record. Therefore, legally a remedy exists, but practically the respondents would have to: appear before the Court, explain the entire delay and conduct satisfactorily, and demonstrate genuine compliance with earlier directions. Otherwise, the Court may reject the request and pronounce judgment

Advocate Prasanna Mohan LawRato

651 votes

Yes, a limited remedy may still exist, but as a rule respondents cannot insist on leading fresh defence evidence once the court has struck it off and the matter has moved to arguments/judgment; at that stage they must first appear, file an application to recall/set aside the strike-off order and reopen evidence, and convince the court of sufficient cause, bona fides, and willingness to comply with the maintenance arrears order, because the power to restore is discretionary and not automatic. If they have remained absent and deliberately disobeyed the order, the court can refuse restoration and proceed to judgment on the existing record, while your side should press for strict compliance, oppose any reopening, and ensure the order-sheet clearly records the default, strike-off, and next hearing stage.

Advocate Aditya Kumar LawRato

967 votes

The Respondent can make an application for recall of order striking off defence but he has to show sufficient cause of non appearance if the arguments have already commenced and the Respondent remain absent , the court may proceed towards the final judgment based on the Petitioner evidence.

Advocate Deepika Dahiya LawRato