Indian Court Judgements Archive

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High Court of Kerala
RPFC NO. 26 OF 2016

Priyakumar T.P v Minimol and Gouri

This Kerala High Court revision petition (RPFC No. 26 of 2016) challenges a Family Court Thodupuzha order under Section 125 CrPC, which directed the revision petitioner to pay maintenance to his wife Minimol and their daughter Gouri (minor) at Rs. 5,000 each per month from the date of the order (31.10.2014). The respondents alleged that the revision petitioner, an able-bodied man, had substantial monthly income from land and business and had willfully failed to maintain them. The petitioner admitted marriage and paternity but contended he had no fixed income and disputed the claimed earnings, while alleging the first respondent pursued work as an accountant earning about Rs. 20,000 per month and that she deserted him without cause. The Family Court accepted the maintenance claim and fixed Rs. 5,000 for the wife and Rs. 5,000 for the minor, applying the Court’s notional income framework. The High Court, after examining the pleadings and authorities, held the maintenance to the wife reasonable, but reduced the minor’s quantum to Rs. 2,500 per month, citing Cholamarakkar v Pathummamma and Yousuff v Nafeesakutty as guiding authorities for quantum adjustments. Noting the notional income concept and social justice aim of maintenance, the court pronounced a partly allowed outcome: confirm the wife’s maintenance, reduce the child’s, with arrears payable in four equal installments commencing 07.01.2024, and directed the Family Court to finalize proceedings accordingly.

High Court of Kerala
Crl.Appeal No.1133 of 2007

Kunjumon v. State of Kerala

The appellant, Kunjumon, was convicted by the Additional Sessions Court (Fast Track Court-II), Alappuzha, under Sections 8(1) and 8(2) of the Kerala Abkari Act, 1077, for possessing 1½ litres of arrack in a two-litre bottle on 13 January 2003. Detected at about 5:30 p.m. near the KIP canal culvert on the western side of the AGRM Higher Secondary School, the appellant was arrested by PW1, a Preventive Officer, and a sealed container MO1 containing the contraband was produced along with a 200 ml sample as Ext.P1, with mahazar details. The contraband and sample were forwarded to the Excise Inspector and subsequently to the Judicial Magistrate; the case was committed to the Sessions Court where the trial took place. PW1 and PW2’s evidence, supported by Exts.P1–P7, formed the crux of the prosecution case. The defense contested the chain of custody, emphasizing the absence of a specimen seal on Ext.P1 mahazar at detection, and argued the reliability of Ext.P7 (chemical analysis) was compromised. The trial court convicted the appellant despite the absence of independent corroboration, relying on police testimony in line with precedents cited by the prosecution. The High Court, however, relied on Manoharan and Vijayan decisions and Tahir/ Karamjit Singh line of authorities to emphasize the need for a proper specimen seal; finding the seal deficiency fatal to the prosecution, it allowed the appeal and acquitted the appellant––setting aside the trial court’s judgment.

High Court of Kerala
CRL.MC 4578 of 2023

CRL.MC 4578 of 2023: Ajay S. Kumar @ Abu S/O Saji A.V and others v. State of Kerala and Rahul Rajendran (De facto complainant)

This Criminal Miscellaneous Case (CRL.MC 4578/2023) arises in the High Court of Kerala, Ernakulam, where six accused persons challenge an order in Crime No. 341/2023 (Pallikathodu PS) and C.C. No. 303/2023 (JFM Court, Kanjirappally) under Section 482 CrPC. The accused faced multiple IPC offences—sections 143, 144, 147, 148, 447, 323 and 324 read with Section 149—allegedly abusing the de facto complainant over a mobile call, entering his residence, and causing injuries to his father. The petition contends that the parties have amicably settled their dispute and desire quashing of proceedings to restore peace and permit parties to move forward amicably. The Public Prosecutor – while noting no other serious crimes against the petitioners – expresses reservations about quashing merely on settlement, but concedes the absence of ongoing grievances and that complainant statements have been recorded. The Court relies on State of MP v. Laxmi Narayan and the line of decisions in Gian Singh and Narinder Singh, to carve out the limits of Section 482 in quashing non‑compoundable offences where private disputes are resolved, while cautioning that heinous offences like murder, rape, dacoity, and certain offences under Section 307 IPC or the Arms Act cannot be quashed on mere settlement. After weighing gravity, antecedents, and the settled relationship, the Court holds that quashing will not adversely impact society and is justified to secure ends of justice. The petition is allowed and the proceedings, including the Final Report in Crime No.341/2023 and C.C.No.303/2023, are quashed.

High Court of Kerala
CRL.A NO. 1575 OF 2009

SIVANANDAN v. STATE OF KERALA

The Kerala High Court, in Criminal Appeal No. 1575 of 2009, disposed by Justice K. Babu on 5 April 2024, allows the appeal filed by the appellant against a conviction under Section 8(2) of the Abkari Act. The appellant was convicted by the Additional Sessions Court (Fast Track Court–II), Alappuzha, for possessing 700 ml of arrack at Kayamkulam on 14 April 2003 and was sentenced to six months’ imprisonment with a Rs. 1 lakh fine. The prosecution relied on seizure Ext. P3, forwarding to the Chemical Examiner, and the Chemical Analysis Report. The appellant challenged the conviction on the ground that the link between seizure and laboratory analysis was not established: (i) the seizure mahazar lacked the seal’s description; (ii) the seal specimen was not produced; (iii) the forwarding note was not proved; and (iv) officials who handled the sample en route to the laboratory were not examined. The court examined these contentions in light of precedents, notably Bhaskaran K. v. State of Kerala, Rajamma v. State of Kerala, Ramachandran v. State of Kerala, State of Rajasthan v. Daulat Ram, and Vijay Pandey v. State of U.P. It held that the prosecution failed to establish tamper‑proof despatch and a proper evidentiary link, rendering the Chemical Analysis Report unreliable. Consequently, the appellant was acquitted and set at liberty, with deposited amounts to be disbursed as law provides.

High Court of Kerala
Crl. Appeal No 2257/2007

Bhaskaran v. State of Kerala

This is a Kerala High Court criminal appeal (Crl. A. No. 2257/2007) arising from a conviction under Section 8(2) of the Kerala Abkari Act. The appellant, Bhaskaran, was convicted by the Additional Sessions Judge, Adhoc-I, Manjeri, for possessing 8 litres of arrack in a 10‑litre can on 24.06.2004 near the house of Eyyakunnumel Chathan at Valavattur. The trial record comprised PWs 1–7 and Exhibits P1–P8 and MO 1–2, but crucial evidence—such as the Preventive Officer who detected the case and the independent witness PW6—were problematic: PW6 turned hostile, and the detecting officer did not testify. Questions were raised about the seizure mahazar (P5), the seal affixed on the contraband, the sample bottle, and whether a tamper‑proof chain of custody existed, including whether specimen impressions of seals were made available for comparison. The court noted that the specimen impression of the seal was not attached to Exhibit P1 and that there was no evidence tying the sample to the chemical examiner’s analysis. Citing Sasidharan, Kishan Chand, Bhaskaran, Rajamma, and Vijay Pandey, the High Court reiterated the necessity of a proven sampling chain and seal integrity. On re‑appreciation, it held that the conviction required due regard to seal and sampling chain; thus, the appeal was allowed and the accused acquitted, with bail cancelled and liberty granted.

High Court of Kerala
WP(C) Nos. 16008, 16586 & 18307 of 2020

Siby Cyriac & Others v Union of India & Others

This matter consists of three connected writ petitions, WP(C) Nos. 16008/2020, 16586/2020 and 18307/2020, filed by employees of The Fertilizers and Chemicals Travancore Ltd., Udyogamandal, challenging pension-related contributions under the Employees’ Provident Fund (EPF) scheme. The petitions, representing FACT employees, seek relief against the Union of India, the Regional Provident Fund Commissioner and the statutory PF trusts connected with FACT, arguing that pension contributions should be calculated based on actual salary rather than the presumed or fixed salary basis. The petitions attach notifications (e.g., GSR 609(E)) and circulars, and rely on pay slips and exhibits illustrating the pension contribution base for February 2015. The matter was listed for admission on 29.11.2023 alongside connected cases and heard by a single judge. In the judgment, the court notes that the petitioners’ counsel contends the issue has become infructuous in view of a Supreme Court decision in EPF Organisation v. Sunil Kumar B and Others, and proceeds to dismiss the petitions as infructuous, citing the Apex Court decision as a controlling precedent. The Appendix contains petitioner and respondent exhibits, including judgments and actuarial materials cited to support the petitioners’ arguments. The overall tenor reflects a convergence of pension-related dispute resolution with existing Supreme Court precedence and a final disposition dismissing the petitions as infructuous.

High Court of Kerala
CRL.MC NO. 7905 OF 2023

Nisar, Farooq, Sayyid Nishan and Navas v. State of Kerala

This is a Kerala High Court criminal misc case under Sec. 482 CrPC, challenging CC No.483/2021 from Nadapuram JFCM, arising out of Crime No.199/2020. Petitioners Nisar, Farooq, Sayyid Nishan and Navas (accused in offences under Secs. 324 IPC and 506 r/w Sec.34 IPC) seek quashing on the ground of settlement between the parties. The victims have filed affidavits and support the settlement, and the accused contend the prosecution should be quashed in light of private, civil character disputes resolved by the parties. The Public Prosecutor expresses initial reservations about quashing merely on settlement, but concedes the dispute is settled. The court reviews the record and cites Supreme Court precedents—State of Madhya Pradesh v. Laxmi Narayan, Gian Singh v. State of Punjab, Narinder Singh v. State of Punjab—to set the legal framework for exercising the extraordinary power under Sec. 482 CrPC to quash non‑compoundable offences. The Laxmi Narayan ratio holds that quashing is permissible for private disputes with largely civil character where the entire dispute is resolved, while not for heinous or public‑interest offences nor certain statutes (e.g., POC Act). The court also emphasizes evaluating antecedents and conduct of the accused. Upon finding the dispute private and the settlement genuine, the court allows the Crl.M.C. and quashes CC 483/2021 proceedings against the petitioners.

High Court of Kerala
WP(C) No.19355 of 2023

Thomas John v State of Kerala & ors

The writ petition challenges Exts P2 (assessment order), P5 (appeal order), and P9 (demand notice) under the Kerala Building Tax Act, 1975. The petitioner’s father, Late T.V. Thomas, erected a double-storey building in 1963; a certificate (Ext P1(a)) confirms it is at least 50 years old, yet taxation commenced only in 1975. After his father’s death in 2002, the petitioner sought to add a floor in 2003, obtained a permit, but the construction remained incomplete. In 2020, the fourth respondent directed production of building tax receipts, which were lost in the 2018 floods. The petitioner contends Ext P2 is arbitrary since the tax is assessed largely for improvements in 2003 and the unconstructed floor, with no Sec.7(3) notice served on him or his father. He submitted Exts P3 and P4; the third respondent treated Ext P4 as an appeal under the Act, issuing Ext P5 upholding Ext P2. Owing to COVID-19, relief from challenge to Ext P5 was not pursued, and petitioner faced financial hardship. After Ext P5, a coercive notice (Ext P6) issued; ₹90,000 was deposited and an application for reconsideration filed (Ext P8). With Ext P9 demanding further payment, petitioner contends illegality/arbitrariness. The court, while not finding a violation of natural justice and dismissing the petition, granted an indulgent instalment option, directing the petitioner to deposit ₹75,000 within three weeks to enable the fourth respondent to consider instalment payments.

High Court of Kerala
CRL.MC NO.4642 OF 2023

Noorudheen and others v. State of Kerala

The Kerala High Court, in a Criminal Miscellaneous Case (CrMC No. 4642 of 2023), quashes the conviction and sentence of five accused in Crime No. 105/2016 of Perinthalmanna Police Station, Malappuram. The petition seeks invocation of Section 482 Cr.P.C. on the ground that all issues between the petitioners (accused 1–5) and the defacto complainant (and victims 3–6) have been settled, and hence the conviction in CC 565/2016 (Judicial First Class Magistrate Court-I, Perinthalmanna) should be set aside. The accused were convicted on 12 April 2019 for offences under Sections 143, 147, 148, 452, 323, 324, 354 and 506(II) read with Section 149 IPC. The court considered judgments of the Supreme Court in Ramgopal v. State of Madhya Pradesh and Ramawatar v. State of Madhya Pradesh, and this Court’s Soban v. State of Kerala, which recognize the possibility of quashing post-conviction proceedings where there is a voluntary settlement and no objection from the victims. Respondents 3–6 confirm settlement and do not object. The court emphasizes the need to assess the nature of the offence, injury seriousness, voluntariness of the compromise, and conduct of the accused. It concludes that the extraordinary powers under Article 142 and Section 482 Cr.P.C. can be exercised to secure ends of justice and accordingly quashes the proceedings, setting aside the conviction and sentence.

High Court of Kerala
CRL.A No. 1472 of 2011

Balakrishnan v. State of Kerala

Balakrishnan, the appellant, challenges the conviction under Section 8(2) of the Abkari Act by the Additional Sessions Court (Adhoc-III), Fast Track Court-III, Palakkad, in SC No. 562/2010. He was convicted for possessing 10 litres of arrack at Theyyandi Check Dam on 04.07.2008 and sentenced to one year’s rigorous imprisonment with a Rs. 1 lakh fine. The prosecution case rested on seizure of contraband and a chemical analysis report; however, the defence contends that the prosecution failed to prove that the substance seized at the scene reached the Chemical Examiner’s Laboratory in a tamper-proof condition. The appellant argues delays in producing the properties before the Court (properties including the sample were produced only on 07.07.2008) and the non-examination of officials who handled the sample during transit, raising the possibility of tampering and breaking the chain of custody. The judgment surveys the jurisprudence on the chain of custody, emphasizing that the contraband must be traced from seizure to laboratory testing with proper sealing and handling. It cites Sasidharan, Sathi, Ravi, and Ravi’s progeny to stress that mere laboratory reports cannot prove guilt unless the link to the seized contraband is established. It also cites Vijay Pandey to caution that lab reports must be correlated with the seizure. Ultimately, due to unexplained delays and lack of link evidence, the Court acquits the appellant and allows the appeal, setting him at liberty.

High Court of Kerala
CRL.M.C. No.2620 of 2015

Muhammed Nizar v. Circle Inspector of Police, Kothamangalam Police Station, Ernakulam District; The Public Prosecutor, High Court of Kerala, Ernakulam

Muhammed Nizar, the 4th accused in Crime No.852/2013 of Kothamangalam Police Station, moves Crl.M.C. No.2620 of 2015 seeking quashing of proceedings under the IT Act on the ground that he has been arrayed as an accused without any credible evidence, and that continuing the prosecution would amount to abuse of process. The FIR accuses the 1st and 3rd accused of sexual intercourse in a rented Palamattom building on 20.06.2013, with the 2nd accused as a friend seated in a car outside. The petitioner contends that the only alleged involvement of the 4th accused is that the premises were used for sexual activity by others; there is no direct evidence linking him to the offence. The Court, after perusing the final report (Annexure-A4) and hearing counsel for the petitioner and the Public Prosecutor, holds that the allegations do not establish the 4th accused’s involvement under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act (IT Act). Relying on X v. State of Kerala and Radhakrishnan v. State of Kerala, the Court clarifies that the term “brothel” is narrowly interpreted; a place used only once for sexual exploitation may not constitute a brothel, and mere participation by others does not automatically implicate the petitioner. The Court notes prior quashing of the 2nd accused’s case and reiterates the need to show carrying on prostitution. Consequently, the petition is allowed and proceedings against the 4th accused are quashed, with the case PCCA proceeding under C.C.No.4201/2014 quashed at the trial court level.

High Court of Kerala
CRL.A 665 of 2008

Kunjamon alias Kunjappan v. State of Kerala

Aggrieved by a 2008 conviction under Section 8(2) Abkari Act, the appellant Kunjamon challenges his trial court verdict in S.C. No. 182/2007, Fast Track-II, Pathanamthitta, which sentenced him to one year imprisonment and a Rs. 1 lakh fine. The High Court hears the Criminal Appeal on 20 February 2024. The prosecution case: on 29 June 2005 at 5 p.m., 3 litres of arrack were found in a 5-litre plastic can at Anchukuzhi, Thannithodu village. The case file states that after investigation a final report was submitted and the matter eventually went to trial. The trial court convicted the accused; on appeal, the key issue is whether the contraband seized at the scene reached the Chemical Examiner’s laboratory in tamper‑proof condition, i.e., whether proper chain of custody and sealing were proved. The defense argued that Exhibit P1 seizure mahazar lacks seal description, the detecting officer did not describe the seal, and the seal specimen was not produced, undermining accuracy. The court discusses Sasidharan v. State of Kerala, State of Rajasthan v. Daulat Ram, Sathi v. State of Kerala, Ravi v. State of Kerala, Bhaskaran K. v. State of Kerala, and Vijay Pandey v. State of U.P to stress chain-of-custody and co-relation between seized sample and laboratory test. The High Court ultimately holds the link was not established and acquits the appellant; the appeal is allowed. This procedural critique prompts the court to emphasize that without showing proper official acts were performed, the prosecution cannot sustain a conviction, and thus the benefit of doubt goes to the accused.

High Court of Kerala
WP(C) Nos. 3461/2022, 3490/2022, 3472/2022 and 7193/2022

Writ Petition (Civil) Nos. 3461/2022, 3490/2022, 3472/2022 and 7193/2022, Kerala High Court

These connected writ petitions concern gratuity payments to former employees of several cooperative banks who had retired on different dates. The banks had paid Rs. 10,00,000 as gratuity under a special scheme, which limited the amount available to the petitioners under Section 4(3) of the Payment of Gratuity Act, 1972. The petitioners allege that they are entitled to the full gratuity amount as per their terms of employment and seek payment of the balance beyond what LIC paid under its policy. The court recalls the Full Bench decision in Chandrasekharan Nair v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. (2017 (4) KLT 276), which held that the liability to pay gratuity lies with the employer under Section 4(2) of the Act, 1972 and that if an employee is entitled to higher amounts, those must be paid under Section 4(5). Relying on that dictum, the court holds that the balance gratuity over and above the LIC payments must be borne by the employer. Consequently, the writ petitions are allowed, with the banks directed to disburse the balance gratuity within three months of receipt of this judgment, and with 6% interest per annum from the due date if payment is delayed. LIC’s liability is acknowledged only to the extent of amounts already paid under policy.

High Court of Kerala
CRL.M.C No. 7902 of 2023

Sreejith M.S; Vivek K.P; Remil Babu; Vishnusagar v. State of Kerala

This High Court of Kerala, in a Criminal Miscellaneous Case under Section 482 CrPC, deals with quashing proceedings arising from CC No.1419 of 2020, linked to Crime No.1353 of 2015 registered at Panangad Police Station. The petitioners—four accused—are challenged with offences under Sections 341, 323, 324, 427, 506(i), and 294(b) IPC read with 34, and the case has proceeded to charge in the Judicial First Class Magistrate Court, Ernakulam. The petitioners submit that the parties have amicably settled their dispute and do not wish to pursue prosecution, supported by affidavits from the victims. The Public Prosecutor expresses reservations about quashing solely on the basis of a settlement but concedes that there is a settlement with no objection from the victims. The court examines the landmark judgments in Laxmi Narayan (State of MP) and related decisions (Gian Singh; Narinder Singh), which outline the circumstances under which non-compoundable offences may be quashed when the matter is private and settled, while noting that heinous offences, offences under special statutes, or crimes affecting society should generally not be quashed. After evaluating the facts, the court holds that the dispute is private, the settlement is genuine, and accordingly allows the Crl.M.C, quashing all further proceedings in CC 1419/2020. The order underscores the private nature of the dispute and the lack of opposition from victims.

High Court of Kerala
Crl.R.P.No.927 of 2022

Jayakrishnan v. State of Kerala and V. Sudhakaran

This is a Criminal Revision Petition under sections 397 and 401 Cr.P.C. filed by Jayakrishnan challenging the conviction of offences under section 138 of the Negotiable Instruments Act for the dishonour of a cheque. The trial court convicted the accused on the basis of the complainant’s testimony and Exts. P1–P9, imposing six months’ simple imprisonment and directing payment of Rs. 9,95,000 to the complainant under section 357(3) Cr.P.C., with an accompanying default term. The Additional Sessions Judge, Kollam, in Cr.App.No.13/2020, modified the sentence to the least possible period but upheld the conviction. The petitioner argues that the complainant failed to prove the circumstances surrounding Ext. P1 (the cheque) and the consideration for the loan; he also relies on certain apex court and Kerala decisions to contend that the complainant did not discharge the initial burden to negate the presumption under the NI Act. The High Court reiterates that the trial and appellate courts properly weighed the evidence, including PW1 and PW2 and Ext. P9, and that the presumption under sections 118 and 139 NI Act is rebuttable but discharged here by the complainant. The court upholds the conviction, declines to upset the presumption framework, and dismisses the revision, while granting two months to pay the fine. It also directs appearance by 16.03.2023 and defers execution until 15.03.2023.

High Court of Kerala
TR.P.(C).NO.115 of 2023

Manju A v. Mohanan

This Transfer Petition (Civil) challenges the Family Court Kalpetta’s order in O.P.639/2022, seeking transfer to the Family Court, Thiruvalla, on grounds of the petitioner’s convenience. The petitioner, Manju A, alleges that she resides in Thiruvalla, and the Family Court Kalpetta is approximately 350 kilometers away, imposing substantial travel burden for hearings in a contested divorce on adultery. She claims no income and lack of maintenance from Mohanan; her elderly parents, including a mother who has suffered a stroke, require care, adding to hardship. The respondent contends that two minor children are with him, that his parents are deceased, and that witnesses from Wayanad would have difficulty attending if the trial were held in Thiruvalla. He also cites his diabetes and distance to the court. Counsel for the petitioner relies on the principle that convenience of the wife is a relevant factor but not absolute, and points to a bench decision in which the court emphasized fact-specific analysis. The respondent’s counsel relies on Mundekkat to argue convenience is not always paramount. On hearing, the court held that while convenience is a factor, it is not inviolable; after balancing the facts, it allowed transfer, directing transmission of records and limiting the respondent’s presence to only those occasions where his attendance is inevitable for progress of the proceedings.

High Court of Kerala
OP(C) NO. 540 OF 2021

Thomas Aged 70 Years S/o. Ouseph v. Poulose

This Kerala High Court original petition arises from an order in I.A 2/2020 in OS 451/2009 (Munsiff’s Court, Aluva), challenging the refusal to amend the plaint to add two new reliefs. The suit concerns a permanent injunction against trespass and interference with the plaintiff’s property described as ‘A’ schedule and a contested ‘B’ schedule pathway. Through Ext P9, the petitioner sought two additional reliefs: (C) to erect barbed wire fencing on the disputed boundaries of the plaintiff’s ‘A’ schedule property and (D) to restrain the defendant from reducing the width of the ‘B’ schedule pathway. The respondent objected, contending that the amendment would alter the suit’s character, is not pleaded, is time-barred, and that fencing relief requires a boundary fixation; the contention was that the plaintiff could file a fresh suit for the new action. The Munsiff dismissed the amendment (Ext P11), prompting the present challenge. The High Court held that amendments should be liberally considered, especially when they extend the pleadings and relief without altering the core cause of action, and allow the amendment. The court noted Ext P4 Commission Report and emphasized that the question of fencing relief and boundary fixation can be resolved at final adjudication. It relied on the liberal-amendment doctrine, citing A.K. Gupta & Sons Ltd. v. Damodar Valley Corporation, and directed that Ext P11 be set aside and Ext P9 be allowed, enabling the suit to proceed with the amended pleadings and reliefs.

High Court of Kerala
RSA No. 455 of 2015

Vikraman Nair v. Janardhanan S/o Lakshmy Amma; Hemakumari W/o Gangadhar; Unnikrishnan S/o Vasu

This Regular Second Appeal (RSA No. 455 of 2015) arises from a suit for recovery of possession and damages in respect of a schedule property in Palakkad. Vikraman Nair, the plaintiff, sought possession on the strength of title and damages for use and occupation from defendants 4, 5 and 6, who claimed possession under a sale agreement with the plaintiff. The trial court decreed possession and damages; the District Judge, Palakkad, in AS No. 215/2010, partly allowed the appeal, confirming recovery of possession while modifying damages to Rs. 1,500 per month from the date of suit but only up to the date of actual delivery. The High Court of Kerala then examined whether the 5th defendant’s possession could be protected under Section 53-A of the Transfer of Property Act (part performance) and whether the suit was time-barred. Relying on Ratnam v. Alice and Others (2023 ICO 1737) and Raheja Universal Limited v. NRC Limited (AIR 2012 SC 1440), the court clarified that Section 53-A confers a limited right to a transferee who has taken possession in part performance, and does not create title. The Court found that Ext.B1 did not evidence possession in part performance and that the Protection under 53-A could not sustain the 5th defendant’s claim. Consequently, the plaintiff’s title-based claim for possession was upheld, and damages were relinquished by the plaintiff; the appeal was allowed in part.

High Court of Kerala
RPFC NO. 76 OF 2017

Shaji v. Sharmina and Ors.

This revision petition challenges the Family Court, Vadakara’s order in MC 91/2016 directing the revision petitioner to pay maintenance to his divorced wife Sharmina and his two minor children (Shasiya and Shaniba) at Rs. 4,000 per month for each, i.e., Rs. 12,000 in total. The respondents had sought maintenance under Section 125 CrPC, alleging matrimonial cruelty and that the petitioner, though earning about Rs. 50,000 monthly while abroad, willfully neglected his duties. The petitioner denied the allegations, arguing that he had divorced the 1st respondent under the Muslim Women’s Protection of Rights on Divorce Act and that MC proceedings under the DV Act and other related claims therefore create multiplicity of actions; he also asserted illness and unemployment. The Family Court, after evaluation, held that maintenance is a social-justice instrument and fixed the petitioner’s notional income at Rs. 25,000 per month, confirming maintenance of Rs. 4,000 to each of the respondents. On appeal, the High Court note-wise considered Supreme Court precedents on social justice, the merger of overlapping claims, and the principle that divorced wives may be entitled to maintenance under Section 125. The High Court dismissed the revision petition, confirming the impugned order, and clarified that any prior interim payments may be adjusted against arrears as per the order.

High Court of Kerala
W.P.(C) No.18621 of 2023

G. Vyasan and K. V. Vijayakumar v. State of Kerala and Travancore Devaswom Board and others

This writ petition under Article 226 of the Constitution of India, WP(C) No.18621 of 2023, concerns the Sree Sarkara Devi Temple at Chirayinkeezhu, which is managed by the Travancore Devaswom Board. Petitioners, devotees and nearby residents, seek a writ of mandamus to ensure a peaceful atmosphere within the temple and to uphold the sanctity of the Sanctum Sanctorum, asserting a right to worship under Article 21. They also pray for prompt consideration of Ext.P2 (dated 24.04.2023) and Ext.P3 (dated 15.05.2023) representations, and for action to prevent illegal occupancy and use of temple premises by respondents 6 and 7 for mass drills and weaponry training, allegedly in contravention of Ext.P1 (30.03.2021) and Ext.P4 (18.05.2023) circulars issued by temple authorities. Respondents 2-4 admit issuing the circulars and maintaining that mass drills are to be prevented, while counter affidavits from the Police and others claim no ongoing law and order issues and note steps taken, including installation of access controls. The judgment surveys the Travancore Devaswom Act regime, including vesting of administration in the Board (Section 3) and jurisdiction (Section 15), duties (Section 15A), and Temple Advisory Committees under Section 31A, with related Rules (Clauses 2, 3, 5, 11, 12, 18). It cites several precedents on temple governance and worship rights to conclude that temple activities must adhere to Board directions and that mass drill/weapon training cannot be conducted in temple premises, directing compliance with Exts.P1 and P4 and police support to ensure worship without disturbance.