Kerala High Court
Illegal 'Talaq-E-Sunnat' Not Punishable As 'Triple Talaq': Kerala High Court
Kerala High Court in a recent judgment held that if the intention is not to pronounce instantaneous and irrevocable talaq, it cannot be considered as talaq–ul–biddat.The petitioner had sought quashing of the proceedings against him before the Judicial Magistrate First Class. The respondent had accused him of committing an offence under the Muslim Women (Protection of Rights on Marriage)...
Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court
The Kerala High Court held that a male child who has attained majority cannot claim maintenance from their father as per the provisions of the Protection of Women from Domestic Violence Act, Section 125 of CrPC and Section 20 (3) of the Hindu Adoption and Maintenance Act.Justice P.G. Ajithkumar stated, "Thus, none of the said provisions entitles a male child who has attained majority to...
"Cartoonists Entitled To Freedom Of Expression": Kerala High Court Quashes Case Over Malayala Manorama Caricature 'Insulting' National Flag
The Kerala High Court has held that cartoonists, being a part and parcel of the Press and Media, are entitled to Freedom of Expression guaranteed by Article 19 (1) (a) of the Constitution of India.The Court thus quashed proceedings initiated against the Printer and Publisher, Editorial Director, Managing Editor, Editor and Chief Editor of Kerala news daily 'Malayala Manorama', under Section 2...
POCSO Courts Must Be Vigilant Where Mother Embroiled In Custody Battle Accuses Father Of Sexually Abusing Child: Kerala High Court
The Kerala High Court has cautioned the POCSO Courts to be vigilant whilst considering allegations of child's sexual abuse levelled by his/her mother against the father, especially when there are ongoing matrimonial and custody disputes between them.In this case, the wife, had accused her husband of sexually harassing their 3-year-old daughter. The couple was also engaged in an ongoing...
Kerala High Court Weekly Round-Up: July 22 – July 28, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 459 – 479]Case Title: Saheer E.P. v National Investigating Agency, 2024 LiveLaw (Ker) 459xxx v State of Kerala, 2024 LiveLaw (Ker) 460Aboobakkar @ Abu v State of Kerala, 2024 LiveLaw (Ker) 461Saritha K. P. v State of Kerala and Others, 2024 LiveLaw (Ker) 462State of Kerala v Thomas Chacko @Shibu and Connected Matter, 2024 LiveLaw (Ker) 463T...
Assessments Getting Time Barred By 31.03.2017 Can Continue Only Upto 31.03.2018: Kerala High Court
The Kerala High Court has held that the assessments that were getting time barred by 31.03.2017 can continue only up to 31.03.2018.The bench of Justice Gopinath P. has observed that there was no material to conclude that notice was actually issued on 18.03.2018, as it is quite unlikely that a notice dated 18.03.2018 was not served on the petitioner till 25.03.2019. It is also seen from the...
CM Pinarayi Vijayan Had No Personal Gain In CMRL-Exalogic Transactions, All Property Legally Accounted For: Govt Tells Kerala High Court
The Kerala government has informed the High Court that Chief Minister Pinarayi Vijayan received no personal gains from the transactions between State-owned Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions, a company owned by his daughter Veena Thaikandiyil.Director General of Prosecution TA Shaji informed single bench of Justice K. Babu that the transactions were based on a...
Kerala HC Directs Centre To Grant Citizenship To Two Women Who Migrated From Pakistan As Minors, Not Insist On Renunciation Certificate
The Kerala High Court has directed the Union Government to grant Indian citizenship to two women aged 21 and 24, without insisting upon a Renunciation certificate from the Pakistan government. The Court stated that the government cannot compel the petitioners to produce a Renunciation Certificate since they migrated to India after surrendering their Pakistani passports before attaining the age...
Can This Court Direct Parliament To Rename Laws? Kerala High Court Asks In Plea Challenging Hindi Titles BNS, BNSS, BSA
While hearing a PIL challenging Hindi titles for the new criminal laws, the Kerala High Court today asked if it has the power to direct the Parliament to change the names of the enactments.The Division Bench comprising Acting Chief Justice A. M. Mustaque and Justice S. Manu while reserving the matter for orders orally remarked,“Can this Court direct the Parliament to rename the...
Police Officer In Kerala Accused In Passport Fraud Case; Matter To Be Investigated By Crime Branch
The probe into alleged involvement of two Kerala police officials in a passport fraud will be probed by the Crime Branch, the High Court was told on Friday. Anzil A., an officer in Thumba Police Station, Trivandrum was booked for hatching a conspiracy with 4 other persons to obtain passports for various persons using forged documents. A racket is alleged to have been working to help people...
Prohibition Of Child Marriage Act Supersedes Muslim Personal Law : Kerala High Court
The Kerala High Court has ruled that the Prohibition of Child Marriage Act, 2006 will supersede the Muslim Personal Law (Shariat) Application Act, 1937. The Court stated that every Indian citizen regardless of their religion and location is bound to adhere to the law prohibiting child marriage.Justice P. V. Kunhikrishnan stated that a person's primary status as a citizen of the country...
Kerala High Court Allows Adjustment Refund Amount Towards Amount payable under Amnesty Scheme
The Kerala High Court has held that it is open to the department to consider an adjustment of the refund amount due to the appellant towards the amounts due from him by way of settlement under the Amnesty Scheme.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has quashed the order passed by the Single Bench in which it was held that the Amnesty Scheme was essentially...