Withholding Mutual Consent For Divorce In A Failed Marriage Is Cruelty: Kerala High Court

The Kerala High Court has said that withholding mutual consent to dissolve a failed marriage amounts to cruelty. A Division Bench comprising Justice A.Muhamed Mustaque and Justice Sophy Thomas relied on the concept of "no fault divorce" to state people are starting to realise that there is a "sensible way" of parting on mutually agreed terms. The remarks were made while hearing the plea of a husband aggrieved by a Family Court order refusing divorce. The divorce petition...

Kerala High Court Grants Time To State's Tug Of War Association To File Objection To Show Cause Notice By Tug Of War Federation Of India

The Kerala High Court on Wednesday granted liberty to the Kerala State Tug of War Association (hereinafter, 'Association') to file their objections within a limited time frame to the order issued by the Tug of War Federation of India (hereinafter, 'Federation'), dissolving the Executive Committee of the Association and deaffiliating the same from their membership. The Federation had issued a show cause notice to the Association on August 1, 2023, for which the latter sought time to reply....

Motor Accidents | Legal Representatives Entitled To Compensation Even If Not Dependents Or Legal Heirs: Kerala High Court

The Kerala High Court recently held that in motor vehicle accidents, the legal representatives of the deceased are entitled to compensation even if they are not legal heirs of the deceased. Justice Murali Purushothaman added that this rule remains true even if there is no loss of dependence and clarified that the compensation would go to the estate of the deceased. "Even if there is no loss of dependency, if the claimant is a legal representative of the deceased, he would be entitled...

Patriarchal To Deny Pension To Divorced Daughter Of Deceased Freedom Fighter Citing Affluent Brothers: Kerala High Court

The Kerala High Court recently held that the benefit of the Kerala Freedom Fighter’s Continuous Pension (KFFCP) cannot be denied to the divorced daughter of a deceased freedom fighter solely on the ground that her brothers were earning and financially settled.Justice Devan Ramachandran remarked that the reason cited for the rejection of pension, that that the petitioner would be taken care of by her brothers, was based on outdated patriarchal notions:“I am afraid that the submissions of the...

Mother Can't Be Denied Child's Custody Merely Because She Is Relocating Abroad For Better Job: Kerala High Court

The Kerala High Court has held that a mother cannot be denied sole guardianship and custody of a minor child merely on the ground that she is relocating to another country for better job opportunities and fortune.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas noted that merely because there is a parental battle for custody of the child, the same did not mean that the parties would have to remain locally without relocating elsewhere, in order to retain the...

Sales Tax Officer And Not District Collector Empowered To Permit Payment Of Sales Tax Dues In Instalments: Kerala High Court

The Kerala High Court has made it clear that under the Kerala General Sales Tax Act 1963 and Rules, the assessing authority empowered to permit payment of sales tax dues in instalments is the Sales Tax Officer.Justice Dinesh Kumar Singh observed thus:“The Kerala General Sales Tax Acts and Rules empowers the assessing authority ie.,the Sales Tax Officer to grant 6 instalments as per...

Writ Courts Can't Hear Appeals Against Municipality Decisions Granting/ Refusing Licence To Occupy Public Place In Absence Of Malafide: Kerala HC

The Kerala High Court has held that writ jurisdiction cannot be invoked under Article 226 of the Constitution to challenge the decisions issued by the Municipality, especially on grant or refusal of a licence or permission to occupy a public place, unless the order was illegal or bad in law. Justice Bechu Kurian Thomas further held that the Municipal Authorities are empowered to...

Delayed Preventive Detention Not Having 'Proximate Link' With Prejudicial Activity Infringes Detenu's Article 21, 22 Rights: Kerala High Court

The Kerala High Court has held that there must be a live and proximate link between the prejudicial activities committed by a detenu and the issuance of order for his detention.A Division Bench comprising Justice P.B. Suresh Kumar and Justice P.G. Ajithkumar observed that detention after prolonged delay creates a serious doubt regarding the genuineness of the detention order....

Kerala High Court Dissolves 38 Yrs Old Marriage, Says Retaining Marriage Even After Irretrievable Break Down Amounts To Cruelty

The Kerala High Court on Wednesday reiterated that retaining a marriage that has irretrievably broken down would amount to cruelty to both parties, and no meaningful purpose would be served by the same.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas, took note of a recent Apex Court decision which laid down that keeping parties together despite...

Kerala High Court Dismisses Lottery King Santiago Martin's Appeal Against ED Attachments

The Kerala High Court on Thursday dismissed Lottery King Santiago Martin's appeal against the Single Judge's dismissal of his plea challenging ED's attachment orders, freezing his and his company's movable assets under the Prevention of Money Laundering Act, 2002 (PMLA).The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun passed the order...

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

The Kerala High Court on Wednesday reiterated that Section 438(4) of the Code of Criminal Procedure (CrPC) does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438(4) excludes the grant of pre-arrest bail to offences under Sections 376(3), 376-AB, 376-DA...

Registration Act | Inadmissibility Of Unregistered Documents Has To Be Raised When Marked In Evidence During Trial: Kerala High Court

The Kerala High Court recently held that a document which was to be compulsorily registered under Section 17 and 49 of the Registration Act, if unregistered, then it cannot be admitted in evidence.Justice A. Badharudeen also clarified that if the parties have not raised objection to the unregistered document while it was marked as evidence during the trial stage, then they cannot raise...