Striking Off Defence in Family Court | Chennai
Non-compliance · Procedural remedy

Striking off the defence: the court’s answer to a spouse who ignores its orders

A husband who does not pay the interim maintenance ordered, month after month, while contesting the case at every hearing. Striking off the defence is the procedural response, and the possibility of it is often what produces payment.

Quick answer

Where a party persistently fails to comply with an interim maintenance order, the court may strike off the defence and proceed to decide the petition without hearing them on the merits.

It is an exceptional power, used where non-compliance is deliberate rather than the result of genuine inability.

What the remedy does

Striking off the defence removes the defaulting party’s right to contest the petition on the merits. They may remain on record, but the court proceeds without their evidence and arguments: a severe consequence, which is why courts approach it cautiously.

The Supreme Court has recognised the power in the context of persistent non-payment of maintenance, on the reasoning that a litigant who ignores the court’s orders cannot simultaneously demand the court’s assistance. Courts in Chennai apply it sparingly and usually after warnings.

The enforcement ladder

Striking off is rarely the first step. It sits at the end of a sequence that starts much earlier and, in most cases, produces payment before the end is reached.

Execution. Recovery of arrears as a money decree, with attachment of property where necessary.Attachment of salary. A direction to the employer to deduct and remit: often the single most effective order available.Warrant and detention. For persistent, wilful default, coercive orders including detention.Striking off the defence. Where the default is deliberate and continues despite the above.
Genuine inability is a defence. Loss of employment, illness or a real change in circumstances is met by applying to vary the order: not by simply not paying. A party who applies is in a very different position from one who ignores.

If your defence has been struck off

Restoration is possible. An application explaining the default, together with payment or a credible proposal to clear arrears, is the route. Courts are generally willing to restore where the arrears are cleared and the explanation is honest.

What does not work is continuing to contest the merits while the arrears stand. Clear the arrears or move to vary the order first; the defence is then restorable on terms.

FAQs

Non-compliance: questions

Can a case be decided without hearing me?+

If your defence has been struck off for persistent non-compliance, the court can proceed without hearing you on the merits. This is why an application to vary should be filed as soon as payment becomes genuinely difficult.

I genuinely cannot pay. What should I do?+

File an application to modify the interim order, supported by evidence of the change in circumstances. Courts distinguish sharply between inability and defiance, but only if you tell them.

Can a struck-off defence be restored?+

Yes, on application, usually on clearing the arrears or on terms the court fixes. The sooner it is made, the better the prospects.

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