Writ Petition Not Maintainable Against Church For Refusing To Solemnize Marriage: Kerala HC [Read Judgment]
5 years, 3 months ago

Writ Petition Not Maintainable Against Church For Refusing To Solemnize Marriage: Kerala HC [Read Judgment]

Live Law  

Holding that a writ would not lie to enforce purely private law rights, the Kerala High Court observed that no public duty or public function is being carried out by a Church by solemnization of marriage between two members of the diocese.The issue raised in the petition filed by a couple was whether the Church or the Diocese, of which the petitioners are members, can refuse to solemnize. Holding that a writ would not lie to enforce purely private law rights, the Kerala High Court observed that no public duty or public function is being carried out by a Church by solemnization of marriage between two members of the diocese. Referring to the Indian Christian Marriage Act, Justice VG Arun observed: Thus, even in cases where a person, body of persons or an institution is found to be performing a public duty, a writ would not lie to enforce purely private law rights, which in the case of the petitioners is solemnization of their marriage…. The decision of the House of Lords in Aston Cantlow and Wilmcote with Billesley Parochial Church Council v. Wallbank and Another relied on by the learned counsel for the petitioner in support of his contention that persons or bodies whose functions are of public nature are amenable to writ jurisdiction, is not applicable since no public duty or public function is being carried out by the Church by solemnization of marriage between two members of the diocese.

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History of this topic

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
1 month ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
2 months, 2 weeks ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

Writ Court Can't Intervene On Issues Relating To Conduct Of Rituals In Church, Parties Already Before Civil Court: Kerala High Court
9 months ago

Writ Court Can't Intervene On Issues Relating To Conduct Of Rituals In Church, Parties Already Before Civil Court: Kerala High Court

Live Law  

The Kerala High Court has stated that the Writ Court cannot intervene in the manner of conducting rituals in church under Article 226 of the Constitution especially when civil proceedings were pending between the parties. “It is thus obvious that, on issues relating to the conduct of rituals in the Church, this Court cannot intervene, while acting under Article 226 …

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
9 months, 1 week ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

S.306 IPC | Ordinary Quarrels In Marriage Can't Constitute Abetment Of Suicide In Absence Of Something More In Form Of 'Instigation': Kerala HC
9 months, 2 weeks ago

S.306 IPC | Ordinary Quarrels In Marriage Can't Constitute Abetment Of Suicide In Absence Of Something More In Form Of 'Instigation': Kerala HC

Live Law  

The Kerala High Court has held that ordinary quarrels in marital life without any overt act or instigation that would stimulate or prod the deceased to commit suicide would not attract an offence of abetment to suicide under Section 306 of the IPC. Court Findings The court stated that the suicide notes left by the husband would only indicate that …

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court
1 year, 1 month ago

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court

Live Law  

The Kerala High Court recently set aside an order of the Magistrate Court allowing respondent's application in the suit to amend their pleadings stating that amendments, that are not required for adjudicating the real dispute between the parties and are outside the scope of the reliefs sought in the suit, ought not to be allowed. Moreover, the amendment sought for …

The Supreme Court’s ‘no fundamental right to marry’ is wrong
1 year, 2 months ago

The Supreme Court’s ‘no fundamental right to marry’ is wrong

The Hindu  

So we have it from the Supreme Court of India in Supriyo Chakraborty. It is in this background that the Court, in Supriyo Chakraborty, was asked to decide the right of recognition to marriage by the state of non-heterosexual couples The human rights declaration The fundamental core decision of the Supreme Court in Supriyo Chakraborty is that there is no …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 2 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 3 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 3 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Kerala High Court Directs State To Inform All Registering Authorities That Marriages Can Be Registered Through Video Conferencing
1 year, 3 months ago

Kerala High Court Directs State To Inform All Registering Authorities That Marriages Can Be Registered Through Video Conferencing

Live Law  

The Kerala High Court has directed the State Government to inform all registering authorities that marriages can be registered by securing the presence of the parties by video conferencing. Justice Devan Ramachandran directed the State Government to comply with the direction within two weeks so that parties would not have to approach the Court each time with the same request. …

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?
1 year, 3 months ago

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?

Live Law  

Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 4 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

Marital rape petitions to be listed next month: SC
1 year, 5 months ago

Marital rape petitions to be listed next month: SC

Hindustan Times  

The Supreme Court on Wednesday observed that the petitions regarding the validity of the immunity to husband from marital rape “have to be decided”, as it agreed to list the matter after hearing in the Constitution bench matter relating to abrogation of Article 370 gets over in August. A five-judge bench is set to begin day-to-day hearings from August 2 …

SC reserves verdict on pleas seeking legal validation for same-sex marriage
1 year, 7 months ago

SC reserves verdict on pleas seeking legal validation for same-sex marriage

The Hindu  

The Supreme Court on Thursday reserved its verdict on a batch of pleas seeking legal validation for same-sex marriage. During the hearing on Wednesday, the Centre told the apex court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able …

Does anyone have fundamental right to marry? Supreme Court on same-sex marriage pleas
1 year, 8 months ago

Does anyone have fundamental right to marry? Supreme Court on same-sex marriage pleas

India Today  

The Supreme Court constitution bench on Tuesday, while hearing the batch of petitions seeking recognition of same-sex marriage for the 8th day, questioned whether anyone has a fundamental right to marry or there is no right at all. Responding to Dwivedi's submissions, CJI said, "To state an extreme that there is no fundamental right to marry. SENIOR ADVOCATE ARVIND DATAR …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 8 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes
1 year, 8 months ago

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes

Hindustan Times  

The Supreme Court on Wednesday resumed its hearing on the issue of recognising “same-sex marriage”. “The State should come forward and provide recognition to same-sex marriage,” senior advocate Mukul Rohatgi. Senior advocate Mukul Rohatgi, representing one of the petitioners, argued before the Supreme Court that “the State should come forward and provide recognition to same-sex marriage.” Meanwhile, Solicitor General Tushar …

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material
1 year, 9 months ago

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material

Live Law  

The Kerala High Court on Monday came down heavily upon the practice of filing writ petitions without any basis and thereby 'threatening the system into ridicule'. Justice Bechu Kurian Thomas while dismissing a plea alleging State's Top officials of influencing others to destroy petitioner's life, imposed a cost of Rs.25,000/- payable to the Kerala Legal Services Authority. The petitioner also …

Same-sex marriage to be legal in India? Here’s what Supreme Court said
1 year, 9 months ago

Same-sex marriage to be legal in India? Here’s what Supreme Court said

Live Mint  

The Supreme Court of India on heard the arguments on the plea seeking legal validation of same-sex marriages in India. The Supreme Court noted that legalising same sex marriage in India is a ‘seminal Issue’ and noted that a constitution bench of five judges would further make a decision on the plea. “Issue concerning same-sex marriages is of seminal importance …

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC
1 year, 11 months ago

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC

Live Law  

A Petition has been recently moved before the Kerala High Court challenging the provision of the Special Marriage Act, to the extent that it mandates a waiting period of 30 days after submission of the notice of intended marriage. The Writ Petition was filed seeking a declaration that the mandatory waiting period is unconstitutional or a declaration that the 30 …

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case
1 year, 11 months ago

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case

Live Law  

The Kerala High Court on Tuesday quashed rape case against a 31-year-old man, observing that he and the complainant were in a consensual relationship and his promise to marry her was not with an intention to deceive her.The accused and the complainant had worked together in the Malayalam Serial, 'Akashadooth'. The Kerala High Court on Tuesday quashed rape case against …

Supreme Court transfers to itself petitions seeking legal recognition of same sex marriage
2 years ago

Supreme Court transfers to itself petitions seeking legal recognition of same sex marriage

The Hindu  

The Supreme Court on Friday transferred to itself petitions pending in various High Courts seeking legal recognition of same sex marriage. Chandrachud said there was broad consensus among the petitioners to shift the cases to the Supreme Court for an authoritative ruling on the issue, especially on the question whether same sex marriage should be brought within the ambit of …

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment
2 years ago

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment

Live Law  

The Karnataka Government has supported the prosecution of a husband in a case for marital rape. The State has filed an affidavit in the Supreme Court supporting a Karnataka High Court judgment which sustained the charges framed against a husband under Section 376 IPC for forcible sex with wife.In this connection, it is worthwhile to note that the Central Government …

'No Case For Interference Under Article 226': Kerala High Court Dismisses Plea Seeking Former Minister Saji Cheriyan's Disqualification As MLA
2 years, 1 month ago

'No Case For Interference Under Article 226': Kerala High Court Dismisses Plea Seeking Former Minister Saji Cheriyan's Disqualification As MLA

Live Law  

The Kerala High Court on Thursday dismissed the petitions seeking a writ of quo warranto against Chengannur MLA Saji Cherian over his alleged "derogatory remarks against the constitution".The division bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that it is not for the court to go to the contentions, decipher the truth of it, and grant …

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court
2 years, 1 month ago

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court

Live Law  

The Kerala High Court recently held that authorities can entertain an application under Rule 13 of Kerala Registration of Marriages Rules 2008 for correction or cancellation of entries in the Register of Marriages only at the instance of the parties to the marriage. Justice P. V. Kunhikrishnan observed that a third person who is not a party to the marriage …

SC agrees to examine plea seeking legal recognition of same-sex marriage
2 years, 1 month ago

SC agrees to examine plea seeking legal recognition of same-sex marriage

Deccan Chronicle  

NEW DELHI: The Supreme Court on Friday agreed to examine pleas seeking legal recognition of same-sex marriage under the Special Marriage Act as it issued notice to the Centre on the petition. The top court also noted that various pleas relating to same-sex marriage issues are being heard in various High Courts including Kerala and Delhi. Both the petitioners, who …

Refusal to marry a married woman after consensual sex no ground for rape: Kerala HC
2 years, 1 month ago

Refusal to marry a married woman after consensual sex no ground for rape: Kerala HC

India Today  

The Kerala High Court on Thursday said that refusal to marry an already married woman after engaging in a physical relationship cannot be treated as rape. READ | Patriarchal, sexist: Supreme Court comes down heavily on 2-finger rape test "It is settled that, if a man retracts his promise to marry a woman, consensual sex they had would not constitute …

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
2 years, 2 months ago

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer

Live Law  

Quashing a rape case against a lawyer, the Kerala High Court on Thursday said there is no specific allegation in the prosecutrix's statement that he had given a false promise to marry her based on which she had been induced into a sexual relationship. "There is absolutely no specific allegation in the FI statement that the petitioner had given a …

Islamic law recognises Muslim woman's right to demand divorce, husband's consent not needed: Kerala HC
2 years, 2 months ago

Islamic law recognises Muslim woman's right to demand divorce, husband's consent not needed: Kerala HC

India Today  

The Kerala High Court has said that the Islamic law recognises a Muslim woman's right to demand termination of marriage. Dismissing a review petition against a judgment wherein the court had recognised a Muslim woman's right to resort to khula, the division bench of Justice A Muhamed Mustaque and Justice CS Dias said, "In the absence of any mechanism in …

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case
2 years, 2 months ago

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case

Live Law  

Allowing the state government and victim's petitions challenging the sessions court order, the Kerala High Court on Thursday cancelled author and social activist Civic Chandran's anticipatory bail in a sexual harassment case. The Kerala State Government and the De Facto Complainant had approached the High Court challenging the anticipatory bail granted to Writer-Activist Civic Chandran, arguing that the order is …

Kerala High Court Deprecates Attempts Of Caste Groups To "Hijack" Reformers Like Sree Narayana Guru & Ayyankali
2 years, 2 months ago

Kerala High Court Deprecates Attempts Of Caste Groups To "Hijack" Reformers Like Sree Narayana Guru & Ayyankali

Live Law  

In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages Rules, 2008. While passing the order, Justice P. V. Kunhikrishnan quoting the famous words of 'Sree Narayana Guru', which says that this is a place where people reside in brotherhood …

Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court
2 years, 2 months ago

Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court

Live Law  

In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages Rules, 2008. Government Pleader, Advocate K M Faisal relying on the Kerala High Court decision in the case of Sabu K. Eliyas v. State of Kerala and others, submitted that …

Rape On False Marriage Promise - Allegation Not Sustainable If Woman Continued Relationship Even After Knowing About Man's Marriage: Kerala High Court
2 years, 3 months ago

Rape On False Marriage Promise - Allegation Not Sustainable If Woman Continued Relationship Even After Knowing About Man's Marriage: Kerala High Court

Live Law  

The Kerala High Court on Thursday reiterated that if a man retracts his promise to marry a woman, the consensual sex they have had will not constitute rape unless it is established that the consent was obtained by him by giving false promise of marriage with no intention of adhering to it, and that promise made was false to his …

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court
2 years, 4 months ago

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court

Live Law  

The Central Government has today filed a Counter Affidavit opposing a plea filed in the Supreme Court challenging the constitutional validity of the Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriage Act and Order 21 Rule 22 and 23 of the Code of Civil Procedure which are provisions relating to the restitution of Conjugal Rights. …

Supreme Court Dismisses PIL Seeking To Criminalise Marital Rape, As Petitions Challenging Delhi HC Verdict Are Listed Next Week
2 years, 4 months ago

Supreme Court Dismisses PIL Seeking To Criminalise Marital Rape, As Petitions Challenging Delhi HC Verdict Are Listed Next Week

Live Law  

The Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat, on Monday, dismissed a Public Interest Litigation praying for the declaration of marital rape as a criminal offence on the ground that the issue was already under consideration in a separately instituted proceedings.The bench dismissed the PIL noting that the petitions arising from the split verdict given. …

Failure Of Relationship Is No Ground For FIR For Repeated Rape When Woman Had Been Willingly Living With Man For Years : Supreme Court
2 years, 5 months ago

Failure Of Relationship Is No Ground For FIR For Repeated Rape When Woman Had Been Willingly Living With Man For Years : Supreme Court

Live Law  

Remarking that where a woman has willingly been staying with a man and had a relationship with him, and if the relationship is not working out now, the same cannot be a ground for lodging an FIR for the offence of committing rape repeatedly on the same woman ), the Supreme Court on Thursday granted pre-arrest bail to the man …

Relationship Turning Sour Later Will Not Attract Offence Of Rape: Kerala High Court Reserves Verdict In Central Govt Counsel's Bail Plea
2 years, 6 months ago

Relationship Turning Sour Later Will Not Attract Offence Of Rape: Kerala High Court Reserves Verdict In Central Govt Counsel's Bail Plea

Live Law  

The Kerala High Court on Thursday orally observed that rape charges will not be attracted against a man merely because the relationship between him and a woman turned sour over time while reserving its verdict in the bail application moved by a Central Government Counsel in a sexual assault case. The Court was adjudicating upon a bail application moved by …

Writ Court Can't Implement Decree Without Public Law Element : Kerala HC Dismisses Appeal Challenging Non-Intervention In Consecration Of New Catholicos
2 years, 9 months ago

Writ Court Can't Implement Decree Without Public Law Element : Kerala HC Dismisses Appeal Challenging Non-Intervention In Consecration Of New Catholicos

Live Law  

The Kerala High Court on Thursday dismissed an appeal moved by Orthodox parishioners against a single-judge order that refused to intervene in the consecration of new catholicos of the Malankara Orthodox Syrian Church without canonically inviting the Patriarch of Antioch.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas refused to interfere with the impugned order. The Kerala …

Why do we need a law for ‘restitution of conjugal rights’? | In Focus podcast
2 years, 10 months ago

Why do we need a law for ‘restitution of conjugal rights’? | In Focus podcast

The Hindu  

In February 2019, a petition was filed in the Supreme Court, challenging Section 9 of the Hindu Marriage Act, 1955. The petition challenging this law, titled Ojaswa Pathak vs Union of India, was last heard on July 8, 2021 and has been pending since then, with the Supreme Court website showing no further dates. Meanwhile, adding another twist to the …

Plea on conjugal rights pending in Supreme Court
2 years, 11 months ago

Plea on conjugal rights pending in Supreme Court

The Hindu  

A petition questioning a law that forces a woman to return to her husband and denies her sexual autonomy has been pending in the Supreme Court for months without a hearing. Provisions of restitution of conjugal rights like Section 9 of the Hindu Marriage Act and Section 22 of the Special Marriage Act empower a husband or a wife to …

Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare
3 years ago

Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare

Live Law  

Considering the travel restrictions in place in the wake of the Omicron outbreak, the Kerala High Court on Wednesday allowed a couple to solemnise their marriage through online mode and directed the Marriage Officer to register the same. Noting that this Court has authorised the same throughout the pandemic in similar cases, Justice N. Nagaresh observed: "In identical circumstances, when …

Knanaya Church Case: Kerala High Court Grants Interim Relief To Members Marrying Outside Diocese
3 years, 2 months ago

Knanaya Church Case: Kerala High Court Grants Interim Relief To Members Marrying Outside Diocese

Live Law  

The Kerala High Court on Monday ruled that any member of the Kottayam Archeparchy marrying outside the diocese shall be issued a marriage certificate without insisting on a letter of relinquishment of their membership until the first appellate court decides on the matter. Justice VG Arun issued the order on a petition filed by a reformist group within the church, …

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC
3 years, 3 months ago

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC

Live Law  

The Karnataka High Court recently observed that writ petition filed under Article 226 of the Constitution of India by a Gram Panchayat in furtherance of its objective of protection of a public property is maintainable. Further, it was said, "The present writ petition filed by the Gram Panchayat is in furtherance of its objective of protection of a public property, …

Kerala High Court Directs Centre, State To Find Technological Solutions Within Legal Framework To Support Online Registration Of Marriages Under SMA
3 years, 3 months ago

Kerala High Court Directs Centre, State To Find Technological Solutions Within Legal Framework To Support Online Registration Of Marriages Under SMA

Live Law  

The Kerala High Court is now awaiting the views of the Central and the State Governments respectively to find a technological solution within the legal framework to support online solemnisation or registration of the marriage. Meanwhile, the Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath has issued an interim order containing directions The question posed before them …

Marital Rape : Husband Having Sex With Wife Against Her Wishes Not Illegal
3 years, 4 months ago

Marital Rape : Husband Having Sex With Wife Against Her Wishes Not Illegal

Live Law  

On a wife's cruelty complaint alleging forcible intercourse, a sessions court at Mumbai has observed that the man's acts couldn't be considered illegal since he was her husband. The court added that it was "unfortunate" that the young girl had suffered paralysis but the husband and his entire family couldn't be held responsible for the same. Observing this, Additional Sessions …

Can't Entertain A Writ Petition Merely Because Petitioner Participated In Online Selection Process For Gujarat Institute From Here: Kerala High Court
3 years, 4 months ago

Can't Entertain A Writ Petition Merely Because Petitioner Participated In Online Selection Process For Gujarat Institute From Here: Kerala High Court

Live Law  

The Kerala High Court on Tuesday declined to entertain a petition that challenged the selection process of a Gujarat Institute in which the petitioner had participated online from the State of Kerala. The question before the Bench was whether the High Court can entertain a writ petition merely for the reason that the petitioner has participated in the selection process …

Sister Abhaya Case: Plea Before Kerala High Court Challenging Order Granting Parole To Convicts Filed
3 years, 6 months ago

Sister Abhaya Case: Plea Before Kerala High Court Challenging Order Granting Parole To Convicts Filed

Live Law  

A writ petition has been filed in the Kerala High Court challenging the order releasing the convicts in the Sister Abhaya murder case on parole, alleging that such a move was illegal. After a prolonged investigation, the Special Court had found Father Thomas Kottoor and Sister Sephy guilty of murder and sentenced both the accused to life imprisonment among other …

Protection Plea- Married Woman & Unmarried Man In A Live-In Relation: Punjab & Haryana High Court Directs SSP To Look Into Their Grievance
3 years, 7 months ago

Protection Plea- Married Woman & Unmarried Man In A Live-In Relation: Punjab & Haryana High Court Directs SSP To Look Into Their Grievance

Live Law  

The Punjab & Haryana High Court on Monday directed SSP, Faridkot to look into the grievance of an already married woman and an unmarried man living together in a live-in relationship and seeking protection of life and liberty against private parties. The petitioners are stated to be in a live-in relationship and they were apprehending threat and danger to their …

'Nobody Is Dying Because They Don't Have Marriage Certificates' :Centre Opposes Urgent Hearing Of Plea For Same-Sex Marriage Recognition
3 years, 7 months ago

'Nobody Is Dying Because They Don't Have Marriage Certificates' :Centre Opposes Urgent Hearing Of Plea For Same-Sex Marriage Recognition

Live Law  

Arguing against the urgent hearing of a batch of pleas seeking recognition to same-sex marriages in India under various personal laws, the Union of India today told the Delhi High Court, "You don't need marriage certificate for hospitals, nobody is dying because they don't have marriage certificate. "The centre also submitted a letter seeking adjournment, pointing out that the court …

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