COURT CAN STRIKE OFF DEFENCE FOR WILLFUL NON-COMPLIANCE WITH ORDER FOR INTERIM MAINTENANCE: KERALA HIGH COURT In a proceeding under the Domestic Violence Act, the defense 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 willful. However, such an order ought to be passed only as a last resort as held in Rajnesh v. Neha. The Court also laid down that under Section 28, the court can lay down its own procedure while dealing with the applications under Section 12(1) or considering the grant of interim relief orders. Reddy & amp; Reddy is renowned for its experience in litigation. We have successfully represented our clients in civil, commercial and criminal litigation proceedings before the relevant Indian courts.
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