Madras High Court upholds the order of the family court striking off the defence of the husband for failure to pay the arrears of maintenance.
Mr Rahul Jagannathan had appeared before the family court on behalf of the wife and had contended that the husbands defence would have to be struck off as he has deliberately disobeyed the orders of the Hon’ble court, despite multiple applications seeking recovery of the arrears being filed at the instance of the wife. It was further contended by Mr Rahul Jagannathan that the family court has powers to strike off the defence of the husband in divorce proceedings in the event he fails to pay the arrears of maintenance which was ordered under the code of criminal procedure, 1973. Accepting; the said contention the family court struck off the defence of the husband in the divorce proceedings. Upholding the impugned order of the family court, the madras high court dismissed the appeal filed by the husband and directed that the arrears of maintenance be cleared within one month or the defence of the husband would stand as struck off.
