Family Courts Act, 1984, Section 7(1) -- Explanation (g), Guardian and Wards Act, 1890, S.9 - Custody of children and permission to take them abroad - Petition by mother - It is for Family Court to take a decision regarding guardianship and permanent custody of younger three children - Prayer of mother to take children to Australia has to be enquired into and adjudicated..........
Kerala Registration of Marriages (Common) Rules, 2008, Rule 16 -- Cancellation of the registration - Restitution of conjugal rights - Appellant was not afforded an opportunity to express her views by the Family Court - Family Court could not have dismissed the petition for restitution of conjugal rights without going into the question of validity of the marriage -..........
Kerala Court Fees and Suits Valuation Act, 1959, Section 25(d)(i) -- Court fee - Suit for declaration or cancellation of document - When cancellation or declaration of a document is null and void is sought, Court fee shall be paid valuing the same on the basis of value shown in the document...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 18(1)(b), 20 -- Eviction petition - Bonafide need - There is no evidence to show that landlord has any other building in her possession - Tenant being a cooperative society, second proviso to S.11(3) of the Act has no application - Eviction order upheld - Directions issued...........
Motor Vehicles Act, 1988, Section 83, Kerala Motor Vehicles Rules, 1989, Rule 174(2)(c) -- Transport permit - Replacement of vehicle - Validity of R.174(2)(c) of Rules - Said Rule enable replacement of the vehicle under a transport permit - Scrutiny u/R.174 of Rules is only to enable the Authority to ensure that subsisting permit is not interrupted - Therefore, it does not..........
Motor Vehicles Act, 1988, Section 83, Kerala Motor Vehicles Rules, 1989, Rule 174(2)(c) -- Transport permit - Replacement of vehicle - R.174(2)(c) of the Rules is intended to ensure that conditions under which transport permit is granted is not diluted when vehicle covered under permit is sought to be replaced by new vehicle - Therefore, R.174(2)(c) of Rules is neither..........
Kerala Dowry Prohibition (Amendment) Rules, 2021, Rule 6(xv) -- Direction to return dowry - District Dowry Prohibition officer will get jurisdiction to pass direction u/r 6(xv) of Rules, only if it is found that ornaments directed to be returned to wife are dowry received by husband - In absence of such finding, Dowry Prohibition Officer will not get any jurisdiction to..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(2)(b), 11(9) -- Eviction petition - Statutory tenant - Petition for eviction of a statutory tenant brought prior to expiration of term of lease is hit by S.11(9) of the Act and is not maintainable before rent control Court...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20, 5, 11(2)(b), Kerala Land Reforms Act, 1963, Section 2(57) -- Eviction petition - Arrears of rent and fixation of rent - There is neither denial of title of landlord nor claim of right of permanent tenancy so as to attract second proviso to S.11(1) of Rent Control Act - Plea of kudikidappu raised by tenants..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 10 -- Cancellation of settlement deed in favour of sons - No provision in settlement deed for basic amenities and basic physical needs to the settlers - Tribunal did not attempt to conciliate dispute as mandated u/r 10..........
