In a family suit, a petitioner-wife has asked to 'strike off defense' owing to 'failure' to pay arrears in maintenance order against husband'.
Case is grappled with other hearings such as ............................... custody, visitation rights, common access to joint dispensary by both litigants (both are doctors), separation of property and assets, injunctions etc................
Hence 'framing of issues' is not yet done on main application (and counterclaim in it) under HMA.
On every hearing, 'framing of issue' is indeed scheduled for since last few years, but never conducted due to other pending applications.
My Question:- Should the respondent-husband be entitled for step of 'framing of issues' before wife's plea of 'strike off defense' is heard?
If the Court makes such an order to strike off the Husband's defense/WS even before the 'framing of issue' is concluded, then is it not an error and unfair trial to the Respondent-husband?
Is there any timing or prerequisite when 'plea of striking off defense' is to be heard or not tenable?
Please advise
Some say 'strike off defense' can be order before the 'framing of issue' also (???? ............. .... But , I did not find any caselaws on it)
Isn't that amounting to denial of due process of law to poor husband in such a case?
