Former Wife Protected By DV Act Residence Order Can Seek Police Protection, But Can't Oust Husband From His Own House: Kerala High Court

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. [2026 LiveLaw (Ker) 479]Justice Bechu Kurian Thomas directed that police protection can be given upon written request since the peculiar living situation might create tensions.The Court, however, made it clear that the petitioner shall not use police protection to evict the...

Accused Re-Arrested Without Court Permission After Prior Arrest Was Vitiated Entitled To Bail: Kerala High Court

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. [2026 LiveLaw (Ker) 477]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.Reference was made to its earlier decision in Ramjith Nayak v. State of...

RTO Cannot Summon Vehicle Owner Based On Anonymous Rash Driving Complaint: Kerala High Court

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. [2026 LiveLaw (Ker) 478]Justice Bechu Kurian Thomas was delivering the judgment in a writ petition seeking protection against harassment...

Wife's Past Kidney Donation Can't Be Ground To Reject Husband's Kidney Donation Application: Kerala High Court

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. [2026 LiveLaw (Ker) 476]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...

State Must Adequately Compensate Victims Of Wild Animal Attacks, 1980 Rules Don't Cap Quantum At ₹20K: Kerala High Court

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. [2026 LiveLaw (Ker) 475]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...

Common Management Not Enough To Treat Vessels As Sister Ships For Arrest: Kerala High Court

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. [2026 LiveLaw (Ker) 473]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...

Production Of Divorce Decree Not Essential To Delete Former Spouse's Name From Passport: Kerala High Court

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. [2026 LiveLaw (Ker) 471]Justice Murali Purushothaman observed that an office memorandum cannot mandate production of a divorce decree when Section IV of the Passport Information Booklet...

Marriage Officer Can't Insist On Nepali Woman's Single Status Certificate To Solemnise Marriage Under SMA: Kerala High Court

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”. [2026 LiveLaw (Ker) 474]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.According to the petitioner, he submitted a notice intending to marry a woman, who was a Nepali citizen. The...

Foreign Medical Graduate Entitled To Stipend For Compulsory Internship, Completion Certificate Must Be Issued Without Any Fee: Kerala High Court

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). [2026 LiveLaw (Ker) 472]Justice Bechu Kurian Thomas issued the direction in a writ petition filed...

Muslim Man Having Sexual Intercourse With Minor Wife Liable Under POCSO Act: Kerala High Court

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). [2026 LiveLaw (Ker) 470]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,...

LiveLaw Kerala High Court Weekly Round-Up: 24 August - 30 August, 2026

Citations: 2026 LiveLaw (Ker) 462 - 2026 LiveLaw (Ker) 469Nominal IndexSimi Bell Rose John v. State of Kerala and Ors., 2026 LiveLaw (Ker) 462Arun K. Thomas v. Narcotic Control Bureau & connected cases, 2026 LiveLaw (Ker) 463Lulu Hyper Market Pvt. Ltd v. The District Collector and Ors. & connected case, 2026 LiveLaw (Ker) 464Muhammed Ashfaq C. v. Union of India and connected cases,...

Four-Attempt Cap In First-Year MBBS Exams Includes Both Regular And Supplementary Exams: Kerala High Court

The Kerala High Court has held that four attempts cap in the First Professional MBBS Degree Examination includes both regular and supplementary exams.Justice Bechu Kurian Thomas delivered the judgment in a petition filed by a first year MBBS student. The petitioner joined the MBBS course in the year 2023 and has not been able to clear the first year MBBS as she failed in three subjects. The...