2018 AIR CC 3154 (KER) ::(2018) 4 CivLJ 858 ::(2018) 3 Ker LT 437 ::(2018) 3 Ker LJ 410

Kerala High Court

Hon'ble Judge(s): C. K. Abdul Rehim, R. Narayana Pisharadi , JJ

(A) Civil P.C. (5 of 1908) , O.6 R.16— Striking out pleadings - Challenge as to - Non-payment of maintenance by husband - Order striking off defence set aside on condition that defendant husband would deposit definite sum of maintenance. AIR 1999 SC 536, Disting. (Para 15 16) (B) Civil P.C. (5 of 1908) , O.6 R.16— Powers of Court - Striking off defence under O.6, R.16 - Can be exercised only in special circumstances - Relief cannot be withheld on ground that application made mentioning wrong provision. There is inherent power in Court to pass such orders as are necessary for ends of justice or to prevent abuse of process of Court. S. 151 of the Code saves inherent powers of court and, in exercise of that power, court can strike off defence in deserving cases for meeting ends of justice. If party to proceedings before court has wilfully disobeyed orders of court, court can strike off defence. Striking off defence of spouse, who does not honour order of court, is instant relief that can be granted to opposite party. The court cannot be mute spectator watching flagrant disobedience of interim orders passed by it showing its helplessness in instant implementation of such orders. Law is not that powerless. If husband h....