DV Act | Court Can Strike Off Defence For Willful Non-Compliance With Order For Interim Maintenance

Case: Neethu v. Trijo Joseph

Coram: Justice Kauser Edappagath

Case No.: OP(CRL.) NO. 226 OF 2022

Court Observation: “In a proceeding under the DV Act, the defence can be struck off for non-compliance with an order of payment of pendente lite maintenance if the default is found to be deliberate and wilful. However, such an order ought to be passed only as a last resort as held in Rajnesh (supra)”.

“It cannot be said that Court is bound to strictly abide by the provisions of CrPC in all cases. In appropriate cases, it would be open to the court to formulate its own procedure as may be found necessary in the interest of justice, in which event, the court may not have to rely upon Cr.P.C.”

“Merely because the jurisdiction is exercised by the criminal court/Magistrate and the provisions of the Code of Criminal Procedure are followed, it does not change the character of the proceedings as criminal proceedings. The character of the proceedings depends not upon the nature of the forum which is invested with authority to grant relief, but upon the nature of the relief sought to be enforced. A proceeding that deals with the right of civil nature does not cease to be so just because the forum for its enforcement prescribed by the statute is the criminal court.”

“It cannot be said that Court is bound to strictly abide by the provisions of Cr.P.C in all cases. In appropriate cases, it would be open to the court to formulate its own procedure as may be found necessary in the interest of justice, in which event, the court may not have to rely upon Cr.P.C.”

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