Kerala HC Clarifies : Judgment On Joint Family Abolition Act's Repugnancy With Hindu Succession Act Applies Only In Mitakshara Law Cases

The Kerala High Court recently passed an interim order correcting its judgment on succession under Hindu law, wherein it was held that Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act 1975 are repugnant to Section 6 of the Hindu Succession (Amendment) Act, 2005.

The Court observed that it mainly dealt with the case governed by Mitakshara Law while pronouncing the judgment but later noticed that the concluding portion of the judgment may create inconsistency with the discussions made by it.

Justice Easwaran S. observed: "The question of repugnancy was considered so far as it relates to parties governed by Mitakshara Law alone and as regards Section 3 read with Section 4(1) of the Act 30 of 1976 read with the Hindu Succession (Amendment) Act, 2005. Therefore, it is felt necessary to correct the Judgment dated 7.7.2025 in RSA No.436/2018 in order to obtain clarity. Hence, it is ordered that the Judgment dated 7.7.2025 in RSA No.436/2018 rendered by this Court shall be confined to cases coming under the Mitakshara Law alone. The word and figure “Section 4” occurring in the first line of conclusion (a) under paragraph No.61 at page 82 of the judgment is corrected and read as “Section 4(1)”."

Thus, the Court clarified that its judgment applies only to parties governed by the Mitakshara Law. It, thereafter, directed the Registry to make the correction in the judgment.

Case No - RSA No. 436/2018

Case Title - N.P. Rajani v. Radha Nambidi Parambath

Citation - 2025 LiveLaw (Ker) 395

Counsel for Appellant - Nirmal S

Counsel for Respondent/defendant - Shyam Padman (Sr), Senior Government Pleader S Renjith for State of Kerala

Amicus Curiae - P B Krishna (Sr.)

Click To Read/Download Interim Order

Click To Read/Download Corrected Judgment