Significant Kerala High Court Judgments Of 2021

Despite the State having been affected by the COVID-19 pandemic for the second year running and the Court functioning on virtual mode until very recently, the Kerala High Court managed to issue quite a few crucial judgments this year. Here are 25 handpicked key judgments delivered by the Kerala High Court in 2021:1. Marital Rape A Valid Ground For Divorce[X v. Y]A Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath in a significant judgment upheld that marital rape, although not penalised in India, is a good ground to claim divorce although the law does not recognise marital rape under penal provisions. The Court while empathising with the situation of the woman observed that a husband's licentious disposition disregarding the autonomy of the wife is marital rape, albeit such conduct cannot be penalised, it falls in the frame of physical and mental cruelty.2. Muslim Women Entitled To Invoke Extra-Judicial Divorce[X v. Y and other connected matters]Overruling a 49-year-old judgment that barred Muslim women from resorting to extrajudicial modes of dissolving marriage, a Bench of Justice A. Muhamed Mustaque and Justice C.S Dias upheld the validity of these modes, finding that the Dissolution of Muslim Marriages Act did not contemplate the undoing of the extra-judicial divorce modes available to women under personal law. The Court also specially instructed Family Courts not to adjudicate upon extra-judicial divorce unless it was called upon to do so in an appropriate manner since the Courts were overburdened with a large number of cases.3. COVISHIELD To Be Administered Only After Prescribed Dose Interval Of 84 Days [Secretary to Government of India v. Kitex Garments Ltd & Ors]In a momentous move, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly allowed the appeal preferred by the Central Government against the Single Judge decision allowing the second dose of COVISHIELD to be administered prior to the prescribed interval of 84 days. The Court ruled that expert advice on the basis of scientific study cannot be substituted by a judgment of Constitutional Courts, especially when no materials are produced before the Court to show that the scientific advice given to the Government was hasty, bad or ill-advised.4. Rummy A Game Of Skill: Ban On Online Rummy Lifted [Head Digital Works Pvt. Ltd v. State of Kerala & Ors]Justice T.R Ravi while lifting the ban on Online Rummy in the State clarified that online rummy played either with stakes or without stakes remains to be a 'game of skill'. The Court further added that Rummy will not come under "gambling" since "gambling" can only be on a game of chance and that the notification prohibiting Online Rummy played for stakes was not a reasonable restriction under Article 19(6) of the Constitution of India. It was thereby declared arbitrary, illegal and violative of the fundamental rights guaranteed to the petitioners under Articles 14 and 19(1)(g) of the Constitution of India and hence not enforceable.5. Wedding Gifts From Parents For Daughter's Welfare Not Dowry [Vishnu R. v. State of Kerala & Ors.]Justice M.R. Anitha ruled that presents given to the bride by her parents at the time of her marriage for her welfare will not count as dowry under the ambit of the Dowry Prohibition Act, 1961 if no demand was made on that behalf. It was also elucidated that such gifts should also have been entered in a list maintained in accordance with rules made under this Act to not come within the purview of Section 3(1) of the Act which prohibits giving or taking of dowry. 6. Swap Transplants Permissible Even If Donor-Recipients Not Near Relatives[Moideenkutty & Ors v. District Level Authorisation Committee for Transplantation of Human Organs]In a crucial judgement concerning organ transplantation laws in India, Justice N. Nagaresh ruled that swap transplants, with prior approval of the Authorisation Committee, are permissible even if each pair of donor- recipients are not near relatives, provided there exists a special reason for the donor to donate their organ. It was noted that Section 9(3) of the Transplantation of Human Organs and Tissues Act unambiguously permits the same and thereby rendered inoperative the head 'Swap Donation' in the State Guidelines for Altruistic and Exchange Donation to the extent it permits Swap Donations only between near relatives.7. Son-In-Law Has No Legal Right In Father-In-Law's Property[Davis Raphel v. Hendry Thomas]While dismissing a second appeal with costs, Justice N. Anil Kumar ruled that a son in law cannot have any legal right in his father in law's property and building, even if he has spent an amount for the construction of the building. The Court went to the extent of observing that when the father-in-law is in possession of the property, the son-in-law cannot plead that he had been adopted as a member of the family. It was reiterated that the residence of son-in-law, if any, in the building is only...

Significant Kerala High Court Judgments Of 2021

Hannah M Varghese

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