[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC

The Kerala High Court has held that the mode of examining a victim through the Special Court (intermediary) in a POCSO case as per Section 33 (2) of the POCSO Act remains unchanged even if the victim attains the age of majority during the trial.Section 33 (2) of the POCSO Act mandates that the Special Public Prosecutor or the defence counsel shall give their questions to the Special Court,...

Kerala High Court Issues Directions To Ensure Safety Of Pilgrims During Karkidakavavu Festival Due To Adverse Weather Conditions

The Kerala High Court today invoked its parens patriae jurisdiction to issue directions for ensuring the safety of pilgrims and others during the Balitharpanam and Karkidakavavu rituals conducted by devotees in public places such as Shanghumukham, Thirumullavaram, Varkala and other places during the Karkidakavavu festival on August 3, 2024. During the Karkidakavavu festival, Hindu...

Kerala High Court Grants Bail To 22-Yr-Old Woman Accused In Kollam Child Kidnapping Case

The Kerala High Court has allowed the bail application of Anupama, a 22-year-old daughter of the family who was allegedly involved in kidnapping a six-year-old minor female child in Kollam district.The kidnapping of the minor girl for ransom on November 2023 shocked the entire State, with Anupama being named as the third accused in the case. Her parents were arrayed as the first and...

Kerala High Court Allows Rajya Sabha MP A.A. Rahim To Retain His Diplomatic Passport For The Rest Of His Tenure

The Kerala High Court allowed the appeal filed by Rajya Sabha MP A. A. Rahim challenging the order of Judicial First Class Magistrate – III, Thiruvananthapuram allowing him to hold a diplomatic passport for only two years.A. A. Rahim has been a Member of Parliament in the Rajya Sabha since April 2022 and a Member of the Parliamentary Standing Committee on Transport, Tourism and Culture....

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...