Kerala High Court
Mother placing child in hostel meant for orphans not in his best interests; Kerala HC grants custody to father
“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”
Even Property Owner Can Be Guilty of Trespass: Kerala HC Explains Why
“Offences such as criminal trespass and house trespass are offences against possession and not against ownership. Therefore, even a true owner cannot, under the guise of ownership, unlawfully enter premises in the lawful possession of another with the intent to commit an offence.”
POSH | Kerala HC sets aside ICC report due to non-service of complaint copy on delinquent
“Serving a copy of the complaint and other relevant documents is mandatory under Rule 7, POSH Rules, and the failure to do so constitutes violation of the principles of natural justice.”
Kerala HC declines to restrain release of web series “Anali”, directs Koodathayi murders’ accused to pursue alternate remedy under IT Rules
“The petitioner objected to the web series ‘Anali’ scheduled for release on JioHotstar, believing that the content was substantially inspired from incidents connected to Koodathayi murders for which she was lodged in prison. The series would malign her, create prejudice in public opinion, and adversely affect prospects related to her conviction.”
Kerala HC sets aside Bail for Non Compliance with Mandatory S. 15A(3) SC/ST Act Notice in Mob Lynching Case; Directs surrender in 3 days
“Even to decide whether offences under the SC/ST Act are attracted, the courts cannot proceed unilaterally without issuing notice under Section 15-A(3). The Special Judge thoughtlessly granted bail in a case of mob lynching without ensuring a mandatory hearing to the victim’s dependent, which amounted to a serious lapse.”
Kerala High Court: Wife Allowed to Extract Brain-Dead Husband’s Gametes for Assisted Reproduction Amid Consent Dilemma
“Kerala High Court allows a woman to urgently extract and cryopreserve the gametes of her brain-dead husband, despite the absence of written informed consent under the Assisted Reproductive Technology (Regulation) Act, 2021, directing that no further ART procedures occur without its approval.”
“Highly Unjustified and Improper”: Kerala HC sets aside transfer of matrimonial case at advance trial stage
“The wife stated that it would be serious prejudice to her in participating in the trial at the Kollam court centre, which was her workplace, and that the distance from her residence to Punalur, the court to which transfer was ordered, was 50 kilometres, whereas the distance from the husband’s residence to Punalur was only 40 kilometres.”
Can Siblings Claim Compensation under Head of ‘Loss Of Love And Affection’ in Motor Accident Cases? Kerala HC Answers
Kerala High Court evaluates if siblings of a deceased accident victim are eligible for compensation under the head ‘loss of love and affection’, while also revisiting notional income, dependency calculations and conventional heads of damages.
Restrictions under S. 22, ID Act applicable to bank employees; Strike call by trade union can trigger conciliation proceedings: Kerala HC
“Section 22(1), ID Act will apply squarely to the Trade Union and there is no basis for the inference that managerial or supervisory employees of higher ranks or cadres are excluded from the ID Act. The restrictions imposed under Section 22, ID Act are designed to protect the interests of the public and ensure the smooth operation of a Public Utility Service.”
Competent Authority can opt for other officers’ assistance for surprise checks; Kerala HC declines to quash corruption case against Excise Officer
“Clause 16 of the Government Order uses the term ‘may’ and not ‘shall’, and therefore assistance of a higher authority of the department concerned is not mandatory. Mere irrelevant procedural irregularities would not vitiate the proceedings unless they have an absolute deterrent effect to destroy the prosecution case in toto.”
President appoints 7 Permanent Judges for Kerala High Court
On 12 February 2026, Supreme Court Collegium had recommended the appointment of 7 Additional Judges as Permanent Judges of Kerala High Court.
Kerala HC quashes criminal proceedings against brothel customer after finding no inducement of prostitution
“Section 3, Immoral Traffic (Prevention) Act, 1956 deals with the punishment for keeping a brothel or allowing premises to be used as a brothel, and the said provision has no application to the petitioner who is alleged to be merely a customer.”
Findings of already set-aside arbitral award cannot be treated as “alive and final”; Kerala HC quashes subsequent award
“It is trite law that if the Arbitrator fails to decide the counter claim in accordance with law, it will vitiate the award and that it is within the Arbitrator’s jurisdiction to decide both the claim and counter claim.”
Kerala HC upholds Centre’s notification on continuation of existing Labour Courts and Tribunals until new Code Tribunals are constituted
“Permitting existing adjudicatory mechanisms and statutory authorities to continue till new mechanisms are put in place cannot be said to be sidestepping the provisions of the Industrial Relations Code, 2020 or removing obstacles to get over statutory restrictions.”
Refusal to accept resignation and forcing continued service amounts to bonded labour under Article 23: Kerala HC
“When an employee submits resignation, the employer has a duty to accept and relieve, subject only to any contractual conditions, or if it does not follow a stipulated procedure. He can also refuse acceptance when disciplinary proceedings are contemplated against the employee for grave misconduct or causing monetary loss to the establishment.”
Pre-arrest bail not maintainable after arrest and release on transit bail; Accused can only seek regular bail: Kerala HC
“Under Section 482(1) BNSS, a pre-arrest bail is maintainable only by a person who has reason to believe that he might be arrested for having committed a non bailable offence. The provision safeguards individuals from the possibility of being arrested with malicious intent, and pre-arrest bail must be sought only before an arrest is made.”
Informing role and grounds of arrest sufficient in NDPS case with no contraband recovery; quantity need not be conveyed: Kerala HC
“The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement, and the non-compliance with Article 22(1) is a violation of a fundamental right and of the right to personal liberty guaranteed by Article 21 of the Constitution.”
Kerala High Court: Maternity leave is a right; cannot be clubbed with regular discretionary leaves
The Court stated that extraordinary situations require extraordinary measures. In this unique case, where the petitioner had to avail both maternity and medical leave in the same year, the general rule of termination for exceeding one year’s leave cannot be rigidly applied.