2017 AIR CC 721 (KER)

Kerala High Court

Hon'ble Judge(s): Sunil Thomas , J

Civil P. C. (5 of 1908) , O.6, R.16— Family Courts Act (66 of 1984) , S.10— Striking off defence - Application by wife under S. 125 of Cr. P. C. for maintenance - Interim order of maintenance not complied with by husband - Family court strike off defence of husband and proceeded ex parte against him - Matters under S. 125 comes within purview of criminal proceedings and no statute provides for striking off defence in criminal proceedings - Family court acts as criminal court while disposing application under S. 125 - Provisions of CPC are not applicable to proceedings under S. 125. AIR 1986 SC 984, AIR 2007 Ker 81 (FB), Relied on. Criminal P. C. (2 of 1974) , S.125— (Para 11 13)