Important Judgments of Kerala High Court (2025) - Legal Bites Year Update

Legal Bites presents the most important Kerala High Court judgments of 2025, offering clear and concise updates on how the Court shaped criminal law, family rights, constitutional protections, and social justice this year. These summaries capture the essence of each ruling, helping readers, students, and practitioners stay updated with evolving legal standards and impactful precedents.

Important Judgments of Kerala High Court (2025) - Legal Bites Year Update

1) Reinforces Zero Tolerance for Sexual Crimes

In Biju Abraham & Varghese George v. State of Kerala (2025), the Kerala High Court upheld the findings of the lower courts, relying on the victim’s clear and consistent testimony supported by her mother. It held that hostile witnesses and minor inconsistencies did not weaken the prosecution’s case.

The Court also noted that revisional jurisdiction cannot be used to reappreciate evidence in the absence of any perversity. While affirming the conviction, the sentence was reduced to five months since the offence occurred before the 2013 amendment to Section 354 IPC.

2) Legal and Moral Dimensions of Maintenance

In Unneen v. Shoukathali & Ors. (2025), the Kerala High Court set aside the Family Court’s dismissal of an elderly father’s maintenance plea under Section 125 Cr.P.C. The Court found no evidence to support the sons’ claim that the petitioner had independent income, whereas it was undisputed that all three sons were financially well-settled in Kuwait.

Emphasising the moral, religious, and legal duty of children to care for their aged parents, the Court held that support from relatives cannot absolve sons of their statutory obligation. Allowing the revision, the Court directed the respondents to pay ₹20,000 per month as maintenance from the date of the original petition.

3) Limits of Writ Appeals Against Interim Orders

In The Principal, Century International Institute of Dental Science and Research Centre v. Union of India & Ors. (2025), the Kerala High Court held that a writ appeal is not maintainable when the interim relief granted by the Single Judge already matches the relief sought in the writ petition.

The Court explained that only interim orders affecting substantial rights or causing serious prejudice can be appealed under Section 5(i) of the Kerala High Court Act. Since the appellant was not an “aggrieved person” and could have sought modification before the Single Judge, the writ appeal was dismissed for want of maintainability.

4) Co-Parenting Duties Continue After Divorce

In Navin Scariah v. Priya Abraham (2025), the Court held that even after divorce, both parents remain legally and morally bound to participate in their specially-abled child’s upbringing. In closing the contempt petition, the Court accepted that the father only sought meaningful involvement, while the mother undertook to facilitate his participation. In reaffirming that “parents may divorce each other but never their child,” the Court directed cooperative co-parenting grounded in the child’s best interests.

5) Registration Not Mandatory for Specific Performance of Sale Agreements

In Shaju v. Victory Granite Bricks Pvt. Ltd. (2025), the Kerala High Court reaffirmed that registration is not essential to claim specific performance of a sale agreement, even after the Kerala amendment making such agreements compulsorily registrable under Section 17(1)(f) of the Registration Act. The Court held that because Section 49 and its proviso remain unamended, an unregistered sale agreement is still admissible as evidence in a suit for specific performance.

6) FIR Alone Cannot Bar Passport Renewal

In Raju Kattakayam v. State of Kerala (2025), the Kerala High Court held that an FIR alone does not amount to criminal proceedings pending before a court and therefore cannot bar passport renewal under Section 6(2)(f) of the Passport Act. Since no cognizance had been taken, the Court quashed the restrictive conditions imposed by the Special Judge and clarified that passport renewal requires no court permission at the mere investigation stage.

7) Kerala High Court Reaffirms the Reformative Ideal, Reminding Society of Sage Valmiki’s Past

In Nixon v. The City Police Commissioner (2025), the Kerala High Court ruled that a reformed individual cannot be permanently labelled a “rowdy.” Noting that Nixon had no criminal cases for eight years and had demonstrably changed his life, the Court ordered removal of his name and photograph from the rowdy list, holding that such branding violates his dignity, privacy, and right to rehabilitation under Article 21.

8) Daughters Entitled to Equal HUF Share

In N.P. Rajani & Ors. v. Radha Nambidi Parambath & Ors. (2025), the Kerala High Court ruled that daughters are entitled to equal coparcenary rights in HUF property under the 2005 Amendment, even in Kerala. Holding that the Central law overrides the Kerala Joint Hindu Family System (Abolition) Act due to direct conflict, the Court found that the father’s Will could affect only his individual share and could not defeat the daughters’ statutory rights. The daughters were accordingly granted their lawful shares.

9) Wife’s Right to Recover Gold Need Not Depend on Strict Documentary Proof

In Prasad & Anr. v. Greeshma (2025), the Kerala High Court held that gold ornaments given to a bride at the time of marriage constitute her exclusive “Stridhan,” and directed the return of 53 sovereigns of gold to the widow petitioner — notwithstanding the absence of strict documentary proof or independent witnesses. Recognising the private and informal nature of gift-giving in Indian families, the Court ruled that civil disputes should be decided on the “preponderance of probabilities,” not the criminal-law standard of “beyond a reasonable doubt.

10) Life Convict Entitled to Parole for Personal Reasons Like Marriage

In Sathy v. State of Kerala & Ors. (2025), the Kerala High Court held that even a life-convict may be eligible for limited parole on humanitarian grounds — including marriage — if compelling circumstances exist. Despite prison authorities denying the request because there was no provision for parole to facilitate a convict’s own wedding, Justice P.V. Kunhikrishnan used the court’s extraordinary jurisdiction to grant 15-day parole, emphasising the rights to dignity, family life, and emotional well-being.

11) Validity of Remarriage Upheld After Uncontested Divorce Decree

In Rakhi v. Krishnakumar & Ors. (2025), the Kerala High Court held that a second marriage contracted during the statutory appeal period following a divorce decree is valid if the decree remains unchallenged. The Court clarified that a divorce decree takes effect from the commencement of the day it is pronounced — not the exact time — and that only the former spouse can challenge the remarriage. Consequently, remarriage under such circumstances is lawful and cannot be invalidated by anyone else. 

12) Polygamy Under Muslim Law Conditional on Equal Responsibility

In Jubairiya v. Saidalavi (2025), the court held that polygamy under Muslim personal law is not an unfettered right — a man seeking multiple marriages must have the capacity, fairness and equal responsibility to maintain all wives.

The husband, a blind beggar in this case, was found lacking in means, and the court refused to direct him to pay maintenance; but importantly, it emphasised that a Muslim man cannot validly take another wife if he cannot guarantee just treatment to all. The judgment reaffirms that polygamy in Islam is a conditional exception — not a blanket privilege — and must align with justice and social welfare principles. 

13) Kerala High Court Awards ₹3 Lakh Compensation Each to Acid Attack Survivors

In XXXXXX v. State of Kerala (2025), the Kerala High Court upheld the life sentence of a husband who launched a brutal acid attack on his wife and four children while they slept. The Court affirmed the conviction under Section 326A IPC [now Section 124(1) BNS] and ordered the state to pay ₹3 lakh each to the wife and all four children as compensation.

14) A Muslim Man’s Second Marriage Cannot Be Registered Without Hearing the First Wife

In Muhammad Shareef C & Anr. v. State of Kerala & Anr. (2025), the Kerala High Court ruled that a Muslim man’s second marriage cannot be registered under the secular registration scheme — the Kerala Registration of Marriages (Common) Rules, 2008 — unless his first wife is allowed to be heard.

The Court held that even though Islamic personal law may allow polygamy under certain conditions, constitutional principles of gender equality, dignity, and fairness require that the first wife cannot be treated as a “silent spectator.” Accordingly, the Registrar must issue notice to the first wife before registering a second marriage, and if she objects, the registration must be withheld, and the parties referred to a competent court. 

15) No Statutory Right to Maintenance for Unmarried Major Christian Daughters

In Varghese Kuruvila @ Sunny Kuruvila v. Annie Varghese & Anr. (2025), the Court held that an unmarried major Christian daughter is not entitled to claim maintenance from her father under the Bharatiya Nagarik Suraksha Sanhita (BNSS), as the provision covers only wives, minor children, and specified dependents. Since a major daughter does not fall within any of these statutory categories, and no separate legal or contractual obligation existed, the High Court upheld the dismissal of her maintenance claim.

16) Earning Capacity Not a Ground to Deny Maintenance When Income Falls Short

In Rajeevan M. v. Jeesha P. & Others (2025), the Court reaffirmed that an earning wife is still entitled to maintenance if her income is insufficient to meet her basic needs and live with dignity. Setting aside the Family Court’s refusal, the High Court awarded ₹8,000 per month to the wife and ₹6,000 per month each to the children, emphasising that maintenance provisions under BNSS/Section 125 CrPC are welfare-oriented.

A wife’s mere ability to earn—or her modest income—cannot be a ground to deny maintenance when it does not ensure a dignified standard of living.

Important Link