Kerala High Court
“Till Death Do Us Apart”, Kerala High Court Reunites 80 Yr-Old Woman With 92 Yr-Old Husband, Son Cannot Keep Them Apart
The Kerala High Court came to the rescue of an ailing nonagenarian senior citizen who was suffering from dementia and was kept away from his wife by their son.“Till death do us part”. An octogenarian wife has been driven to knock on the doors of this Court for consortium and company of her dementia afflicted husband – twelve years her senior – who, she says has been unfairly taken away...
Wife Not Knowing Cooking, Seeking Assistance Of Husband's Employer To Patch Up Strained Marriage Not 'Cruelty': Kerala High Court
The Kerala High Court has held that wife seeking the help of her husband's employer for patching up their broken marital relationship and to bring him back to normal life after finding out his issues, or her not knowing cooking cannot be grounds sufficient to constitute 'cruelty'.The Division Bench made the above observations in an appeal by the husband against the decree of restitution...
Kerala High Court Stays Operation Of State Child Rights Commission’s Order Banning Tuition Classes At Night
A plea has been moved before the Kerala High Court challenging an order passed by the State Commission for Protection Of Child Rights banning recreational trips and night tuition classes conducted by tuition centers.Justice T.R.Ravi issued notice to the respondents and directed that there will be an interim stay on the order passed by the State Child Rights Commission on the banning of...
Dowry Demand Without Ingredient Of Cruelty Not An Offence U/S 498A IPC: Kerala High Court
The Kerala High Court recently held a mere demand for dowry or any property or valuable security without the ingredient of 'cruelty' would not attract the offence under Section 498A IPC. It held that when both elements of demand and cruelty are combined, then liability would be fastened on an accused. "A mere skirmish in the ordinary life between the spouses or intermittent quarrel or even...
Kerala High Court Warns Of Strict Action If Police Officers Fail To Provide Instructions In Criminal Trials
The Kerala High Court has directed the State Police Chief to ensure there is no impediment faced by Public Prosecutors in getting instructions from police Stations. Justice P.V. Kunhikrishnan was of the considered opinion that such a scenario creates a 'serious problem of piling up of cases'. "It seems that in almost all cases, even though this Court direct to get instructions, the...
Kerala High Court Allows Married Couple To Terminate 24 Weeks' Pregnancy Citing Substantial Foetal Abnormality
The Kerala High Court has permitted a married couple to medically terminate their 24 weeks' pregnancy on finding ‘substantial foetal abnormality’ and congenital heart disease.Justice Devan Ramachandran however said the procedure will be carried out only in Government Medical College, Ernakulam.“I have examined the report of the Medical Board and as already indited above, it states -...
Kerala High Court Imposes Cost On Revenue Official For Withholding Instructions From Advocate General's Office, Not Complying With Judicial Order
The Kerala High Court has imposed of fine of Rs. 10,000/- on the Revenue Divisional Officer (RDO) for the authority's failure to issue appropriate orders even after the lapse of a year, on an application under the Kerala Land Utilisation Order, 1967, as had been directed by the Court earlier. The petitioner in this case was aggrieved that his land being converted land, was not included in...
S.138 NI Act | Courts Should Grant Compensation To Complainant "Commensurate To Cheque Amount" While Sentencing Accused: Kerala High Court
The Kerala High Court recently held that criminal courts while convicting an accused in a proceeding under Section 138 of Negotiable Instruments Act for dishonour of cheque should also consider the importance of compensating the complainant.Justice C.S. Dias enhanced the fine imposed upon the accused, so as to provide compensation to the complainant under Section 357 of CrPC. The Court...
Couple Living Together Under 'Marriage Agreement' Not Husband-Wife, No Prosecution U/S 498A IPC: Kerala High Court
The Kerala High Court has acquitted a man and his family who were convicted under Section 498A IPC for cruelty against a deceased woman on the finding that the parties were living together as husband and wife, based on a marriage agreement and their marriage was not solemnized.Justice Sophy Thomas observed thus:“In the case on hand, since the marriage between the 1st revision petitioner...
Kerala High Court Introduces Measures To Strengthen Security Within Its Premises
The Kerala High Court has imposed certain measures to strengthen the security arrangements within its premises in light of a few recent incidents of security breaches. Advocates, not in their robes, are required to show their ID Cards at the entry points for identification, while verification of persons donning the Advocates' robes shall be done only in suspicious circumstances.Advocate...
Rectify Or Face Action: Kerala High Court Warns PWD, Panchayat After 51-Yr-Old Complains Of Water Logging Due To Culvert Constructed By Them
The Kerala High Court has warned of action against the Public Works Department (PWD), and the Panchayat, in case of any defect in rectifying the issue of water-logging of a private property, due to the construction of a culvert in an unscientific manner near the said property by the authorities. Justice Devan Ramachandran took note of the Senior Government Pleader's submission that...
Kerala HC Acquits Hindi Proficient Accused As Disclosure Statement U/S 27 Evidence Act Was Recorded In Malayalam, Translator Not Examined
The Kerala High Court has acquitted a Hindi proficient accused, a native of West Bengal who was convicted for robbery and murder, because his disclosure statements were recorded in a language not spoken by him.The Division Bench comprising Justices P.B.Suresh Kumar and P.G.Ajithkumar observed that disclosure statement has to be recorded in the same language spoken by the accused. It was...