Nominal Index [Citations: 2025 LiveLaw (Ker) 261 - 268]Laju Cherian v Tara Laju and State of Kerala, 2025 LiveLaw (Ker) 261Trivandrum Apollo Towers Pvt. Ltd and Another v Union of India and Others, 2025 LiveLaw (Ker) 262Vaisakh A Nair v The Managing Director, KSRTC and Others, 2025 LiveLaw (Ker) 263Santhosh Varkey @ Arattanan v State of Kerala, 2025 LiveLaw (Ker) 264State of Kerala and Another...
Nominal Index [Citations: 2025 LiveLaw (Ker) 261 - 268]
Laju Cherian v Tara Laju and State of Kerala, 2025 LiveLaw (Ker) 261
Trivandrum Apollo Towers Pvt. Ltd and Another v Union of India and Others, 2025 LiveLaw (Ker) 262
Vaisakh A Nair v The Managing Director, KSRTC and Others, 2025 LiveLaw (Ker) 263
Santhosh Varkey @ Arattanan v State of Kerala, 2025 LiveLaw (Ker) 264
State of Kerala and Another v Jayesh K. and Others, 2025 LiveLaw (Ker) 265
The Muppathadam Service Co-operative Bank v The State Chief Information and Others, 2025 LiveLaw (Ker) 266
Samajam Higher Secondary School and Others v State of Kerala and Others & Connected cases, 2025 LiveLaw (Ker) 267
Babu M. v State of Kerala and Another & Connected case, 2025 LiveLaw (Ker) 268
Judgments/ Orders This Week
Wife's Right To Maintenance Cannot Be Waived By Way Of Contract: Kerala High Court
Case Title: Laju Cherian v Tara Laju and State of Kerala
Citation: 2025 LiveLaw (Ker) 261
The Kerala High Court has held that a private contract between a husband and wife, where the wife has waived her right to maintenance has no legal standing.
Justice A. Badharudeen relied on various judgment of the Supreme Court and the High Court and observed thus: “...the legal position is very clear on the point that when an agreement is entered into between the wife and the husband, as part of a compromise filed in the Court or otherwise, whereby the wife relinquishes or waives the right to claim maintenance in future from the husband, such agreement is opposed to public policy and it does not preclude her from claiming maintenance.”
Case Title: Trivandrum Apollo Towers Pvt. Ltd and Another v Union of India and Others
Citation: 2025 LiveLaw (Ker) 262
The Kerala High Court has held that the order passed by a bench in a matter falling outside the scope of its roster or the matters specifically assigned to it, will be considered as an order passed without jurisdiction and therefore a nullity.
The Bench of Chief Justice Nitin Jamdar and Justice S. Manu observed, “Thus the dicta of the Hon'ble Supreme Court is clear that any order passed in a matter outside the Roster or not specifically assigned would be without jurisdiction and nullity.”
Case Title: Vaisakh A Nair v The Managing Director, KSRTC and Others
Citation: 2025 LiveLaw (Ker) 263
The Kerala High Court has directed the Kerala Legal Services Authority to issue necessary guidelines to all the District Legal Service Authorities (DLSAs)/ Lok Adalats to ensure that the identity of the parties is ascertained before commencement of the settlement proceedings and passing an award.
Justice C. S. Dias passed this direction after a party made a claim that an advocate had initiated and settled an accident claim on his name, without his knowledge.
Case Title: Santhosh Varkey @ Arattanan v State of Kerala
Citation: 2025 LiveLaw (Ker) 264
The Kerala High Court on Tuesday (6th May) granted bail to the Youtuber Santhosh Varkey popularly known as Arattannan.
Justice M. B. Snehalatha noted that the prosecution was not pressing that custodial interrogation was necessary in the case. She however said that Santhosh should not make any derogatory remark through any social media platform while he is out on bail.
Case Title: State of Kerala and Another v Jayesh K. and Others
Citation: 2025 LiveLaw (Ker) 265
The Kerala High Court held that an appointing authority has power to decide not to fill up particular number of vacancies on genuine and reasonable grounds.
The Division Bench of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar observed: “It is well-settled law that an appointing authority may for good and sufficient reasons take a decision not to fill up the existing vacancies even if a valid rank list is in force. The appointing authority has every right to decide that a particular number of vacancies should not be filled on reasonable and genuine grounds.”
Info Which Though Not In Possession But Can Be Accessed By Co-Operative Society Registrar Can Be Sought Under RTI: Kerala High Court
Case Title: The Muppathadam Service Co-operative Bank v The State Chief Information and Others
Citation: 2025 LiveLaw (Ker) 266
The Kerala High Court has said that information which can be accessed by the Registrar of the Co-operative Society is also an information which can be sought through a Right To Information (RTI) Application.
A division bench of Chief Justice Nitin Jamdar and Justice S. Manu relied on Supreme Court decision in Thalappalam Service Cooperative Bank Limited and Others v State of Kerala and Others (2013) which held that the information which is accessible to the Registrar as per the Kerala Cooperative Societies Act, 1969 can be considered as information which is held or under the control of public authority.
Case Title: Samajam Higher Secondary School and Others v State of Kerala and Others & Connected cases
Citation: 2025 LiveLaw (Ker) 267
The Kerala High Court recently held that there was no need to interfere with the Government order and circular regarding reservation for person with benchmark disabilities in the government-aided educational institutions. Justice T. R. Ravi considered challenges by various schools into the mode of appointment which was not decided in the earlier cases.
Case Title: Babu M. v State of Kerala and Another & Connected case
Citation: 2025 LiveLaw (Ker) 268
The Kerala High Court in a recent judgment reiterated that informing the person who is arrested is a constitutional requirement in light of Article 22(1) of the Constitution.
Justice Kauser Edappagath relied on Vihaan Kumar v State of Haryana and Others (2025), Pankaj Bansal v Union of India and Others (2023), Prabir Purkayastha v State (2024) and observed that if the grounds are not informed soon after the arrest, it would amount to violation of fundamental right.
Other Important Developments This Week
The Registrar of Kerala High Court has issued a notification today informing that the Kerala Judicial Service (Preliminary) Examination scheduled to be held on 18th May is postponed.