Delay In Filing Complaint No Ground To Discard Matrimonial Cruelty Case; S.498A IPC Is Continuing Offence: Kerala High Court

The Kerala High Court recently passed a judgment wherein it refused to set aside the conviction of a husband under Section 498A of the Indian Penal Code on the ground that there was delay in filing complaint by wife.Justice M.B. Snehalatha remarked: “Matrimonial cruelty is a continuing offence, as the suffering of the victim does not end with a single isolated incident but continues so long...

Kerala High Court Monthly Digest: February 2026 [Citation: 63 - 121 ]

Nominal Index [Citations: 2026 LiveLaw (Ker) 63 - 121Kamal Kumar Mandal v. State of Kerala and Anr, 2026 LiveLaw (Ker) 63Suo Motu v Union Government and Ors, 2026 LiveLaw (Ker) 64Lunar Rubbers v Kerala Head Load And Timber Workers And Factory Workers Union(KTUC and ors and connected matter, 2026 LiveLaw (Ker) 65M R Ajayan v Union of India, 2026 LiveLaw (Ker) 66Susan K. John v. National Board...

S.35(3) BNSS | Asking Accused To Appear Before Police In Regular Intervals Such As Every 15 Days Not Proper: Orissa High Court

The Orissa High Court has held that while the police has power to issue notice to the accused to appear when required for investigation under Section 41A(1) CrPC/Section 35(3) BNSS , it however said that requiring the accused persons to appear every 15 days is not proper. Clarifying this significant procedural aspect vis-à-vis arrest, the Bench of Justice Savitri Ratho notably...

'Cause Of Action' Cannot Be Read Liberally To Choose Convenient Forum; Encourages Forum Shopping: J&K&L High Court

Holding that territorial jurisdiction is a matter of law rooted in the essential facts of a dispute and not a mobile privilege dependent upon a litigant's convenience, the High Court of Jammu & Kashmir and Ladakh has ruled that the expression “cause of action” cannot be interpreted liberally to allow parties to indulge in forum shopping. A bench comprising Justice Wasim Sadiq...

“Either Negligence Or Connivance”: Madras High Court Calls For Vigilance Probe Into State's Delay In Filing Appeals

The Madras High Court has directed the Chief Secretary, Government of Tamil Nadu, to conduct an appropriate enquiry into the delay on the State's part in pursuing appeals against orders on time. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan noted that in a large number of cases, the court was observing that the State was filing appeals after a great...

Live-In Couple Entitled To Protection From Parental Threats, Adults Free To Choose Partners: Delhi High Court

The Delhi High Court has held that two consenting adults in a live-in relationship are entitled to police protection against threats and interference from family members, reiterating that the right to choose a partner flows from Articles 19 and 21 of the Constitution of India. Justice Saurabh Banerjee allowed a petition filed by a couple seeking protection from the father of the woman, who...

Madras High Court Asks DVAC To Respond To Contempt Plea By MP Inbadurai Over Delay In Filing FIR Against Minister KN Nehru

The Madras High Court has directed the Tamil Nadu Directorate of Vigilance and Anti-Corruption to respond to a contempt petition filed by Rajya Sabha MP Inbadurai seeking action against IPS officer AT Durai Kumar (In-Charge Director of Directorate for Vigilance and Anti-Corruption) for alleged wilful disobedience of a High Court order directing DVAC to register a case against Minister KN...

'No Material': Karnataka High Court Upholds Order Acquitting 8 Of Rioting Inside Mosque, Attacking Persons Offering Prayers

The Karnataka High Court recently upheld a trial court order which had acquitted eight men accused of rioting and attempt to murder persons inside a mosque who were offering prayers, observing that there was no material available against the accused persons. A division bench of Justice HP Sandesh and Justice Venkatesh Naik T in its order noted:"Though PWs.1 and 2 have deposed regarding...

Posts To Be Delivered To Family When Addressee Is Deceased: Madras High Court Asks Ministry For Clarity On Delivery To Legal Heirs

The Madras High Court has clarified that when an addressee has died, the post that was addressed to him can be handed over to his/her family, without sending it back to the sender. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan noted that there was confusion on the category of persons who could collect the article since it had not been defined under...

After Husband Agrees, Kerala HC Allows Correction Of Father's Name In Birth Certificate Of Child Born Out Of Extra-Marital Affair

The Court praised the "gentlemanly attitude" of the father in consenting to the name change.

S.12(5) DV Act | Disposal Of Domestic Violence Plea Within 60 Days Not Practical But Long Adjournments Must Be Avoided: Orissa High Court

The Orissa High Court has said while it may not be practical for a Magistrate to decide Section 12(1) application under Protection of Women from Domestic Violence Act, within statutory prescribed period of 60 days, however unnecessary and long adjournments should not be given to the parties.Under Section 12(1) an aggrieved person or a Protection Officer or any other person on behalf of...

Siblings Not Entitled To Compensation For 'Loss Of Love' In Motor Accident Death Claims: Kerala High Court

The Kerala High Court has reaffirmed that siblings of a deceased accident victim are not entitled to compensation under a separate head of “loss of love and affection”.Justice Shoba Annamma Eapen was delivering the judgment in an appeal filed by the mother and siblings of a 21-year-old man who died in a road accident in 2014. While the Court enhanced compensation under the head of loss...