No doubt, there is no specific provision under the Family Courts Act, 1964 (Act) to strike off the right of defence of defendant for failure to file written statement, however, for the orderly dispensation of justice under the Act, in the case of contumacious default of defendant to file written statement, the Family Court will be well within its authority to make an order in the nature of Order VIII Rule 10 CPC.
Further, from the relevant case law it is not difficult to deduce that in absence of written statement, the defendant can still cross-examine the witnesses, lead evidence to disprove the facts averred in the plaint and also take part in the final arguments.
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