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Kerala HC stresses need for Periyar protection authority
Kerala HC stresses need for Periyar protection authority

Time of India

time30-06-2025

  • Politics
  • Time of India

Kerala HC stresses need for Periyar protection authority

Kochi: High court has directed the state govt to act urgently on its earlier suggestion to establish an authority for protecting the Periyar River from pollution. The bench of Justices Devan Ramachandran and M B Snehalatha issued the directive while hearing a batch of petitions related to the mass fish deaths in Periyar caused by pollution — an incident that occurred on 20 May 2024. During a previous hearing, the bench had itself mooted the idea of creating a dedicated authority for the protection of Periyar. In the latest proceedings, the court observed that the matter demands urgent attention, especially since many people — including the elderly and young children — depend on the river for drinking water and are consequently exposed to pollutants, making them vulnerable to serious illnesses. The petitions have been adjourned to July 7. In its earlier suggestion, the court noted that no better alternative exists, particularly when immediate and sustained action is needed for the river's maintenance and rejuvenation. Counsel for one of the petitioners also referred to international models such as China's 'River Chief System', Singapore's 'Public Utilities Board', and India's 'National Ganga River Basin Authority' as prototypes for establishing a unified body for Periyar.

Kerala HC slams CBI for reluctance to take up missing person case
Kerala HC slams CBI for reluctance to take up missing person case

Time of India

time18-06-2025

  • Politics
  • Time of India

Kerala HC slams CBI for reluctance to take up missing person case

Kochi: High court on Wednesday rebuked the Central Bureau of Investigation (CBI) for its unwillingness to take over a missing person case, citing the agency's contention that the disappearance of the young man did not have any 'national importance'. The bench of Justices Devan Ramachandran and M B Snehalatha was hearing a habeas corpus petition filed by K J Antony to trace his 20-year-old son, Adam Joe Antony, a Chartered Accountancy student from Palluruthy in Kochi, who went missing on July 28, 2024. According to police, Adam had left home for a morning cycling routine around 3.45am on the said date and never returned. Despite the formation of a special investigation team as per the HC's earlier directive, no breakthrough has been achieved thus far. Consequently, the court had sought instructions from the CBI. On Wednesday, CBI's senior counsel informed court that the agency was unable to take over the investigation due to manpower constraints. It was also submitted that the CBI is primarily mandated to investigate cases under the Prevention of Corruption Act, and that even in the previous week, two murder cases had been assigned to the agency. The counsel further asserted that the current case lacked national significance and CBI could not be expected to handle all murder cases. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Switch to UnionBank Rewards Card UnionBank Credit Card Undo This response drew sharp criticism from the bench. "This is not a murder case. How dare you say that? The court did not seek the CBI's involvement to find a body, but to trace a missing person. There is a lingering suspicion that the young man may have been taken outside the territory of Kerala. Hence, we expected the assistance of a national agency like the CBI. The young man has been missing for nearly a year. We had hortatively hoped that a premier institution like the CBI would support the court in bringing some relief to the petitioner, the father, in tracing his son. However, our hopes have been denied. We are truly surprised that you have never before indicated such conditions for extending assistance," the court orally said. The court, however, clarified that it did not propose to entrust the investigation to the CBI in the same manner as it would in cases involving grave offences. Instead, it sought a status report from the state police chief, underscoring that the responsibility to trace the missing person, whether within or outside the state, rests solely with the state police.

Widow Can't Be Thrown Out Of Matrimonial Home By In-Laws: Kerala High Court
Widow Can't Be Thrown Out Of Matrimonial Home By In-Laws: Kerala High Court

News18

time04-06-2025

  • General
  • News18

Widow Can't Be Thrown Out Of Matrimonial Home By In-Laws: Kerala High Court

Last Updated: A 41-year-old woman approached the courts seeking protection from harassment and forceful eviction from the shared household after her husband's demise in 2009 The Kerala High Court recently upheld a widow's right to reside in her matrimonial home, rejecting objections raised by her in-laws, who had attempted to evict her. The bench of Justice MB Snehalatha dismissed a revision petition filed by the relatives of the deceased husband of a 41-year-old woman who had approached the courts seeking protection from harassment and forceful eviction from the shared household after her husband's demise in 2009. The high court affirmed the decision of the sessions court in Palakkad, which had granted protection and residence orders in the woman's favour after overturning the findings of the judicial magistrate, who had initially dismissed her plea. The woman alleged that following her husband's death, her in-laws began to harass her and obstruct her and her children's entry into the family home. She approached the court under Section 12 of the Protection of Women from Domestic Violence Act, 2005. However, the magistrate's court held that she had no existing 'domestic relationship" with her in-laws and therefore wasn't entitled to relief under the Act. The sessions court took a different view and granted her the relief sought. The in-laws challenged this before the high court, arguing that the woman owned separate property and had been living at her parental home, thus disqualifying her as an 'aggrieved person" under the Act. Rejecting these arguments, the high court noted that the woman, being the wife of the deceased and having resided in the shared household, fell squarely within the definitions under Sections 2(a), 2(f), and 2(s) of the DV Act. The court reiterated that the right to reside in the shared household does not depend on ownership or continuous residence at the time of the dispute. Quoting extensively from the Supreme Court's 2022 ruling in Prabha Tyagi vs Kamlesh Devi, the judgment emphasised that women's right to shelter and security within a domestic setting is fundamental and cannot be undermined merely because they possess alternate accommodation or temporarily reside elsewhere. 'This right is crucial for a woman's safety and dignity, ensuring that she is not forcibly removed or homeless due to domestic abuse," the court observed, while also stressing that the DV Act should be interpreted liberally in favour of victims, keeping its beneficial and protective purpose in mind. Finding no merit in the arguments of the in-laws, the high court refused to interfere with the sessions court order. The revision petition was, accordingly, dismissed. First Published: June 04, 2025, 16:26 IST

Women entitled to stay in matrimonial home even after hubby's death: HC
Women entitled to stay in matrimonial home even after hubby's death: HC

Time of India

time02-06-2025

  • Time of India

Women entitled to stay in matrimonial home even after hubby's death: HC

Kochi: Kerala high court has held that a woman's right to reside in her matrimonial home under the Protection of Women from Domestic Violence Act, 2005 (DV Act), continues even after the death of her husband, irrespective of ownership or title. Tired of too many ads? go ad free now The court further observed that this right is a crucial safeguard to ensure a woman's safety, dignity and protection from being forcibly removed or rendered homeless due to domestic abuse. Justice M B Snehalatha gave the ruling while dismissing a revision petition filed by a woman's in-laws from Palakkad who sought to quash a sessions court's order. The sessions court had set aside a magistrate's finding that no domestic relationship existed between the woman and her in-laws after her husband's death. The woman's husband passed away in 2009, after which she and her children moved to her parents' home and filed a petition under the DV Act, alleging that her in-laws had attempted to evict her from the shared household and had obstructed her and her children from residing there. The magistrate's court, however, dismissed her plea, holding that she no longer had a domestic relationship with her in-laws within the meaning of the Act. On appeal, the sessions court set aside the magistrate's order and restrained the in-laws from committing any act of domestic violence. The in-laws approached HC challenging this. HC, however, found that the evidence on record established that the in-laws had attempted to dispossess the woman after her husband's death. The court held that she continues to qualify as an 'aggrieved person' under the DV Act and remains in a domestic relationship with her in-laws, both terms being explicitly defined under the statute. Tired of too many ads? go ad free now HC also emphasised that the DV Act is a progressive, rights-based legislation aimed at addressing the pervasive issue of domestic violence against women. It highlighted that Section 17 of the Act grants every woman in a domestic relationship the right to reside in the shared household, irrespective of any legal ownership or title. This right, HC observed, upholds shelter and security as essential to a woman's dignity and reflects the broader objectives of gender justice and human rights embedded in the legislation.

Kerala high court seeks KSRTC's response on bus service disruption at Sabarimala
Kerala high court seeks KSRTC's response on bus service disruption at Sabarimala

Time of India

time13-05-2025

  • Time of India

Kerala high court seeks KSRTC's response on bus service disruption at Sabarimala

Kochi: High court has sought instructions from Kerala State Road Transport Corporation (KSRTC) regarding a report filed by the Sabarimala special commissioner which stated that chain services between Nilakkal and Pamba were halted without prior notice on April 16, during the annual holy festival and 'Meda Masa Puja. 'According to the report, the services were suspended at 7pm on April 16 without informing higher authorities, the police coordinator or the special commissioner, allegedly due to a diesel shortage at the Nilakkal petrol pump. While considering the report on Tuesday, a bench of Justices Anil K Narendran and M B Snehalatha directed KSRTC's counsel to get instructions regarding the alleged incident. The matter has been adjourned to May 20 for further report also highlighted that the disruption in the chain service of buses seriously affected devotees. It requested HC to issue directions to the concerned authorities to ensure that higher officials are informed promptly in such situations and that sufficient fuel is maintained at the devaswom board-owned petrol bunks at Nilakkal and Pamba to prevent the recurrence of such incidents. Referring to an accident at Kanamala on April 16, which led to the death of one devotee and injuries to 27 others, the special commissioner recommended the deployment of one or two teams from the Safe Zone initiative during monthly pujas, citing the increasing flow of vehicles and addition, the court was informed that 13 devotees who had consumed food from Stall No 88 (Coffee Land Hotel at Pamba) were admitted to a govt hospital on suspicion of food poisoning. A temporary closure notice was issued to the hotel on April 12, and it reopened the following day after an inspection by the special squad. The special commissioner also refuted reports that currency notes were destroyed in a fire at Sabarimala, stating that the allegation was false and appeared to have been fabricated by certain staff members with ulterior motives. Meanwhile, it was observed that 14 sacks of damaged currency notes, along with a large quantity of foreign coins, lamps and bells were found dumped in the old and new bhandarams (temple treasuries).Finally, the report noted deviations in the moisture content of Appam and Aravana as observed in recent test reports. This was attributed to a mechanical defect in the boiler. Urgent maintenance was recommended, and the executive officer was directed to ensure that moisture levels remain within permissible limits.

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