LiveLaw Kerala High Court Weekly Round-Up: August 31 - September 06, 2026
Citations: 2026 LiveLaw (Ker) 470 - 2026 LiveLaw (Ker) 484Nominal IndexX v. X. and Ors., 2026 LiveLaw (Ker) 470X v. Union of India and Ors., 2026 LiveLaw (Ker) 471Murukan S v State of Kerala and Ors., 2026 LiveLaw (Ker) 472Light House Marine Service India Pvt. Ltd. v Charterer and Parties Interested in the Vessel MT Ocean Faye, 2026 LiveLaw (Ker) 473Rakesh Kallampadath v. State of Kerala...
Citations: 2026 LiveLaw (Ker) 470 - 2026 LiveLaw (Ker) 484
Nominal Index
X v. X. and Ors., 2026 LiveLaw (Ker) 470
X v. Union of India and Ors., 2026 LiveLaw (Ker) 471
Murukan S v State of Kerala and Ors., 2026 LiveLaw (Ker) 472
Light House Marine Service India Pvt. Ltd. v Charterer and Parties Interested in the Vessel MT Ocean Faye, 2026 LiveLaw (Ker) 473
Rakesh Kallampadath v. State of Kerala and Ors., 2026 LiveLaw (Ker) 474
Wildlife Warden and Ors. v. Thadathil Saramma and Ors., 2026 LiveLaw (Ker) 475
Fousiya and Anr. v State of Kerala and Ors., 2026 LiveLaw (Ker) 476
Abdul Rauf M. v. State of Kerala and Anr., 2026 LiveLaw (Ker) 477
Nirmal Mathew Babu v State of Kerala and Anr., 2026 LiveLaw (Ker) 478
Shajitha V.P. and Anr. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 479
Reji v State of Kerala, 2026 LiveLaw (Ker) 480
K.N. Shastry v. Union of India and Ors., 2026 LiveLaw (Ker) 481
Thomas Thomas v. State of Kerala, 2026 LiveLaw (Ker) 482
Arjun Ambalapatta v Union of India and Ors., 2026 LiveLaw (Ker) 483
Noushad v. State of Kerala, 2026 LiveLaw (Ker) 484
Judgments/ Orders This Week
Muslim Man Having Sexual Intercourse With Minor Wife Liable Under POCSO Act: Kerala High Court
Case Title: X v. X. and Ors.
Citation: 2026 LiveLaw (Ker) 470
The Kerala High Court recently clarified that a Muslim man having sexual intercourse with his wife, who is aged below 18 years, is liable under the Protection of Children from Sexual Offences Act (POCSO Act).
Justice Jobin Sebastian held:
“sexual intercourse with a girl below eighteen years of age attracts the offences under the POCSO Act, and in such a situation, whether the child is the wife of the accused or not is of little consequence…Undisputedly, the provisions of the POCSO Act apply if one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage under personal law.”
Case Title: X v. Union of India and Ors.
Citation: 2026 LiveLaw (Ker) 471
The Kerala High Court, in a recent decision, held that divorcees need not produce divorce decree or judicial separation order when they apply to change name or delete ex-spouse's name from their passports.
Justice Murali Purushothaman observed that an office memorandum cannot mandate production of a divorce decree when Section IV of the Passport Information Booklet under Schedule III to the Passports Rules, 1980 says this is not needed when divorcees apply for name change/deletion of spouse's name.
Case Title: Murukan S v State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 472
The Kerala High Court has held that issuance of an internship completion certificate to a Foreign Medical Graduate must be done without demanding any internship fee. It further directed to process his claim for payment of stipend for the period of his Compulsory Rotatory Medical Internship (CRMI). Justice Bechu Kurian Thomas issued the direction in a writ petition filed by a Foreign Medical Graduate who had completed his internship at the General Hospital, Thiruvananthapuram.
Common Management Not Enough To Treat Vessels As Sister Ships For Arrest: Kerala High Court
Case Title: Light House Marine Service India Pvt. Ltd. v Charterer and Parties Interested in the Vessel MT Ocean Faye
Citation: 2026 LiveLaw (Ker) 473
The Kerala High Court has held that a vessel cannot be arrested merely because it is managed by the same ship manager against whom a maritime claim has been raised, in the absence of the common ownership required under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
Justice M.A. Abdul Hakhim, allowed an application filed by the charterer and parties interested in the vessel MT Ocean Faye and its ship manager, holding that the plaintiff had no right to arrest the vessel in connection with its claim against the ship manager.
Case Title: Rakesh Kallampadath v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 474
The Kerala High Court recently clarified that a marriage officer cannot refuse to solemnize a marriage under the Special Marriage Act, 1954 by citing expired “single status certificate”.
Justice Harisankar V. Menon was considering a writ petition preferred by a man, who was aggrieved by the Marriage Officer's refusal to solemnize his marriage with a Nepali woman.
Case Title: Wildlife Warden and Ors. v. Thadathil Saramma and Ors.
Citation: 2026 LiveLaw (Ker) 475
The Kerala High Court recently held that State is liable to give just compensation to victims of wild animal attacks and that the quantum of compensation payable is not limited to Rs. 20,000 as per the Kerala Rules for Payment of Compensation to Victims of Attack by Wild Animals, 1980.
Justice Mohammed Nias C.P. dismissed a regular second appeal filed by the Forest department officials challenging concurrent findings of the courts below granting compensation in a suit for damages.
Case Title: Fousiya and Anr. v State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 476
The Kerala High Court has held that an application for permission to donate a kidney cannot be rejected merely because the proposed donor's wife had donated a kidney several years earlier.
Justice Harisankar V. Menon was delivering the judgement in a petition challenging the orders passed by the District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam, and the appellate authority, which had rejected an application submitted by a man seeking to donate one of his kidneys to a kidney patient undergoing treatment at Medical Trust Hospital, Ernakulam.
Case Title: Abdul Rauf M. v. State of Kerala and Anr.
Citation: 2026 LiveLaw (Ker) 477
The Kerala High Court recently held that bail cannot be denied citing implied permission to re-arrest was given by the Magistrate when no application seeking the same was moved by the investigating officer.
Dr. Justice Kauser Edappagath granted bail to an accused, who was re-arrested without prior judicial approval after his earlier arrest was vitiated due to non-communication of grounds of arrest.
RTO Cannot Summon Vehicle Owner Based On Anonymous Rash Driving Complaint: Kerala High Court
Case Title: Nirmal Mathew Babu v State of Kerala and Anr.
Citation: 2026 LiveLaw (Ker) 478
The Kerala High Court has held that authorities under the Motor Vehicles Act cannot summon or subject a vehicle owner to proceedings on the basis of a concealed complaint alleging rash or dangerous driving, without following the procedure prescribed by law.
Justice Bechu Kurian Thomas was delivering the judgment in a writ petition seeking protection against harassment by the Regional Transport Officer, Ernakulam.
Case Title: Shajitha V.P. and Anr. v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 479
The Kerala High Court recently granted police protection to a woman, who was sharing a household with her former husband, after obtaining a residence order under the Protection of Women from Domestic Violence Act, 2005. Justice Bechu Kurian Thomas directed that police protection can be given upon written request since the peculiar living situation might create tensions.
Minor's Relationship With Accused Or Consent Has No Relevance Under POCSO Act: Kerala High Court
Case Title: Reji v State of Kerala
Citation: 2026 LiveLaw (Ker) 480
The Kerala High Court has reiterated that a minor victim's alleged love relationship with the accused, or even consensual sexual intercourse, cannot be relied upon by an accused to escape criminal liability under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). [2026 LiveLaw (Ker) 480]
Justice A. Badharudeen made the observation while dismissing a criminal appeal filed by an accused challenging his conviction and sentence for aggravated sexual assault of a minor.
Case Title: K.N. Shastry v. Union of India and Ors.
Citation: 2026 LiveLaw (Ker) 481
The Kerala High Court has upheld the constitutional validity of Section 145(a) of the Railways Act, 1989 which empowers the railways to remove intoxicated persons from trains or railway premises as well as to prosecute them.
Justice Bechu Kurian Thomas noted that sufficient procedure has been laid down by the Ministry of Railways in its circular dated 14.09.2023 to avoid any arbitrariness while identifying a person as intoxicated.
Kissing Child's Penis Amounts To Penetrative Sexual Assault Under POCSO Act: Kerala High Court
Case Title: Thomas Thomas v. State of Kerala
Citation: 2026 LiveLaw (Ker) 482
The Kerala High Court has clarified that kissing a child's penis amounts to penetrative sexual assault as defined under Section 3(d) of the Protection of Children from Sexual Offences Act (POCSO Act).
Justice A. Badharudeen dismissed an appeal preferred by a convict, who was awarded a 20-year term for kissing a 14 ½ year old boy on two occasions.
Case Title: Arjun Ambalapatta v Union of India and Ors.
Citation: 2026 LiveLaw (Ker) 483
The Kerala High Court has held that National Investigation Agency cannot recover salary paid to public prosecutor during deputation based on later pay re-fixation.
A Division Bench of Justice Devan Ramachandran and Justice Basant Balaji made the observation while allowing an Original Petition filed by a person who had served as an Assistant Public Prosecutor under the State of Kerala before being appointed on deputation as Public Prosecutor with the National Investigation Agency (NIA).
Case Title: Noushad v. State of Kerala
Citation: 2026 LiveLaw (Ker) 484
The Kerala High Court has held that a customer visiting a brothel would be criminally liable under Sections 5 and 7 of the Immoral Traffic (Prevention) Act, 1956.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar clarified the position of law while answering a reference made by a Single Bench in view of conflicting decisions by Single Benches.
Other Developments This Week
Case Title: Case Title: The High Court Legal Aid Committee v. The State of Kerala and Ors.
Case No: WP(C) No.16603 of 2026
The Kerala High Court on Tuesday (September 1) observed that it is considering having a social audit of all the Mental Health Centres in the State.
The Division Bench of Justice Devan Ramachandran and Justice Basant Balaji today recorded in its order:
"There is a suggestion in the Bar by the learned amici curiae that there should be a social audit of the centres with even personnel of the press being given restricted or supervised access. This is a suggestion that we will keep in mind and to act in due course because we do not see that the concepts of secrecy that has been employed until now giving any tangible benefits either to the patients or to the bystanders in the centres."
Case Title: Suo Motu v. State of Kerala and Ors.
Case No: WP(PIL) No. 123 of 2026
The Kerala High Court on Wednesday (September 2) was informed by the Kerala Police probing the Nedumangad Child Death case that investigation is over and final report has been filed before the jurisdictional court under SC/ST Atrocities (Prevention) Act.
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. today perused the report while considering a suo motu public interest litigation that was registered on the basis of a letter written by Justice Devan Ramachandran pointing out systemic failures.
Case Title: Pauly Vadakkan v State of Kerala and Ors.
Case No: WP(PIL) 81/ 2026
The Kerala High Court was informed on Wednesday (02 September) that the State government has decided to sanction ₹10 crore to the Kochi Municipal Corporation for rectification works on a 3.10-km stretch of Sahodharan Ayyappan Road from Vyttila Metro Station to Manorama Junction.
The submissions were made by an affidavit filed before a division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M, considering a public interest litigation highlighting multiple instances of road surface sinking near metro pillar pile caps, allegedly leading to accidents and loss of life.
Case Title: Suo Motu v State of Kerala
Case No: WP(Crl.) 867/ 2024
The Kerala High Court has directed the National Informatics Centre (NIC), the High Court's IT Directorate and other authorities to urgently address several deficiencies in the e-Prisons system, including gaps in uploading court orders, prisoner-data synchronisation and technical problems affecting prison administration.
A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K. V. Jayakumar issued the directions.
Case Title: The High Court Legal Aid Committee v The State of Kerala
Case No: IA 10/ 2023 in OP 16667/ 1996
The Kerala High Court has directed the State Government to formally notify a Standard Operating Procedure (SOP) governing the manner in which police officers should respond to and interact with persons requiring care under the Mental Healthcare Act, 2017.
It has also directed SOP to be included in the curriculum of the cadets undergoing training in the Police Academy.
Justice Devan Ramachandran and Justice Basant Balaji issued the direction while disposing of an interlocutory application which highlighted the need for a uniform protocol to guide police and other agencies in dealing with persons with mental illness.