Kerala High Court Weekly Round-Up: June 12 To June 18

Nominal Index [Citation: 2023 LiveLaw (Ker) 264-272]Ashok Kumar V. Sankarankutty Pillai 2023 LiveLaw (Ker) 264 Ejo P.J. v. Regional Passport Office & Anr. 2023 LiveLaw (Ker) 265X v. NIL 2023 LiveLaw (Ker) 266 Dheera N.G. & Anr. v. Simesh S. and Simesh S. v. Dheeran N.G. & Anr. 2023 LiveLaw (Ker) 267K.R Santhosh Versus Revenue Divisional Officer 2023 LiveLaw (Ker) 268Mohammed Kabeer Versus Secretary 2023 LiveLaw (Ker) 269Shiny George Ambat V. Union of India 2023 LiveLaw (Ker) 270Rajesh @ Malakka Rajesh & Anr. v. State of Kerala 2023 LiveLaw (Ker) 271Kerala Public Service Commission v. Aneera C. & Ors. 2023 LiveLaw (Ker) 272Judgments/Orders This Week Cheque Issued As Security Will Mature For Presentation On Default When Payment Becomes Due: Kerala High CourtCase Title: Ashok Kumar V. Sankarankutty Pillai Citation: 2023 LiveLaw (Ker) 264The Kerala High Court recently held that a cheque issued as security would mature for presentation on default when payment is due. In the event of non-payment of the amount, the recipient of the cheque would be compelled to present the cheque for payment, the Court observed. A single bench of Justice Sathish Ninan observed“The very fact that the cheque was issued as security by itself imply that, in the event of non-payment, the security is liable to be enforced. A cheque issued as security would mature for presentation on default when payment is due.”We Are In AI Era, Documents Issued By Govt Must Conform To Global Standards: Kerala High CourtCase Title: Ejo P.J. v. Regional Passport Office & Anr. Citation: 2023 LiveLaw (Ker) 265We are in the AI era and government instrumentalities ought to be abreast with emerging global demands in order to have the vision of 'digital India' to materialize, the Kerala High Court observed when faced with the instance of a Police Clearance Certificate issued by an Indian authority being rejected by the authorities in Kuwait. Single bench of Justice C.S. Dias asked the competent authority under the Ministry of External Affairs to take immediate steps to upgrade the central database and issue the Police Clearance Certificate (PCC) with the barcode, scanned photograph and details of criminal cases of the person concerned."We are in the AI era and the 5G revolution. Our Nation is a front-runner in technology. We are striving to make India Digital with initiatives like Indiastack.global, to have a repository of open standards and interoperability principles of key projects implemented under the Digital India Mission like Aadhaar, UPI, Digilocker etc. The certificates issued by the government and statutory authorities have to be internationally accepted, especially when India is a signatory to international conventions and treaties".Law Does Not Recognise Live-In Relationship As Marriage, Couples Living Together By Virtue Of Agreement Can't Seek Divorce: Kerala High CourtCase Title: X v. NIL Citation: 2023 LiveLaw (Ker) 266The Kerala High Court recently held that the law does not recognise a live in relationship as marriage and hence such a relationship cannot be recognised for the purpose of divorce either. The law only allows parties to divorce if they are married under a recognised form of marriage as per personal law or secular law, the Court observed. So far, marriages entered into between parties through a contract does not have any recognition under law for the purpose of divorce, the Court noted.A division bench comprising of Justice Muhamed Mustaque and Justice Sophy Thomas observed: “Marriage as a social institution, as affirmed and recognised in legislation, reflects the social and moral ideals followed in the larger society. The Law is yet to recognise the live-in relationship as marriage. The Law accords recognition only if the marriage is solemnised in accordance with the personal law or in accordance with secular law like the Special Marriage Act.”Dominant Purpose Of Section 125Cr.P.C. Is To Ensure That Neglected Wife, Child, Parents Are Not Left Helpless: Kerala High CourtCase Title: Dheera N.G. & Anr. v. Simesh S. and Simesh S. v. Dheeran N.G. & Anr. Citation: 2023 LiveLaw (Ker) 267The Kerala High Court recently enhanced the monthly maintenance allowance of the paralyzed estranged wife and son of a headload worker, on taking note of the latter's neglect and refusal to maintain his wife and child.The Single Judge Bench of Justice V.G. Arun observed that in such cases, Court ought to be aware of the dominant purpose behind Section 125 Cr.P.C. that stipulates for maintenance, which is that of ensuring that the neglected wife, child and parents are not left in a 'helpless state of distress, destitution and starvation'."The court should also be convinced about the existence of the following factors; i) that the respondent has neglected or refused to maintain the claimant. (ii) the claimant do not have the means to maintain herself/himself. (iii) the respondent has sufficient means for maintaining the claimant," it added. Land To ...

Kerala High Court Weekly Round-Up: June 12 To June 18

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