Adv sreekuttan.B

The Orissa High Court has clarified an important legal principle regarding enforcement of injunction orders. It has held that trial courts have the power under Section 151 of the Code of Civil Procedure (CPC) to direct police assistance for implementing their injunction orders when necessary. Justice Sashikant Mishra observed that when a court grants an injunction, it is meant to protect the lawful rights of a party. If the opposite party deliberately creates obstruction or disturbance—such as interfering with construction or possession—it amounts to a violation of the court’s order. However, merely filing contempt or violation proceedings may not always provide immediate and effective relief. The Court noted that although the CPC does not expressly provide a provision for police help to enforce injunctions, Section 151 CPC gives inherent powers to the court to do whatever is necessary to secure the ends of justice and prevent abuse of process. The High Court emphasized that police ass...

Mutual Divorce in Kerala: Procedure, Documents, and Timeline. Mutual divorce is the most peaceful and fastest way for a married couple to legally end their marriage in India. When both husband and wife agree to separate amicably, the law provides a simple procedure under Section 13B of the Hindu Marriage Act, 1955 (for Hindus, Buddhists, Sikhs, Jains) and similar provisions exist for other religions. This article explains the complete procedure, documents required, and the usual time taken. What is Mutual Divorce? Mutual divorce is when both spouses: • Agree to end the marriage • Agree on terms like alimony, child custody, property division, etc. • Jointly file a petition before the Family Court   Since there is no dispute, the process   becomes faster and smoother. Procedure for Mutual Divorce in India Step 1: Discussion & Agreement Both partners must mutually agree on: •Ending the marriage •Child custody / visitation •Maintenance or alimony...

Cyber Fraud in Kerala: How to Take Legal Action and Protect Yourself Cyber fraud cases are rapidly increasing in Kerala — from UPI scams and fake investment schemes to identity theft and online job frauds. Even educated people fall victim because scammers use clever psychological tricks, fake websites, and social engineering. Rising Cyber Crime in Kerala (SCRB Statistics) According to the State Crime Records Bureau (SCRB), Kerala has seen a sharp rise in reported cyber crimes over the years.. Cyber crime 2025- 2135 2024- 3581 2023- 3295 2022- 773 2021- 626 2020- 426  Here is a simple and clear guide on what you must do legally if you or someone you know becomes a victim of cyber fraud. Common Types of Cyber Frauds in Kerala 1. UPI/Banking Scams – Fraudsters send links or ask you to scan a QR code to “receive money. 2. Fake Job Offers – Scam agencies offering Gulf, Canada, or Europe jobs and collecting money illegally. 3. Online Shopping Fraud - Fake Instagram pages, n...

Visa Frauds in Kerala: Basic Precautions & What Victims Should Do Every year, many people from Kerala fall victim to visa scams—especially those seeking job visas, study visas, or migration opportunities. Most frauds happen because people trust agents blindly, pay money without verification, and fail to check the credibility of the offer. As an advocate, I often meet clients who lose lakhs of rupees due to such scams. This article explains the common methods of visa fraud, precautions to stay safe, and the legal steps victims can take. Common Types of Visa Frauds 1. Fake Job Offers Abroad Fraudulent agencies promise high-salary jobs in countries like UAE, UK, Poland, Canada, or Maldives. They show forged employment contracts and demand advance payments for: Processing Registration Medical Offer letter fees 2. Fake Study Visa Consultancies Some agencies misguide students with: Fake admission letters Non-existent colleges Over-promised work permits Wrong i...

Supreme Court: Work-From-Home Alone Cannot Decide Child Custody. In a recent judgment, the Supreme Court of India clarified that a parent’s work-from-home status cannot be the sole reason to grant custody of a child. The Court held that simply because one parent works from home does not automatically mean they are better suited to take care of the child. A Bench of Justice Manoj Misra and Justice Ujjal Bhuyan made this observation while hearing a mother’s appeal challenging a Punjab & Haryana High Court order granting custody to the father. Key Observation by the Supreme Court The Court categorically rejected the High Court’s approach of preferring the work-from-home parent: We do not subscribe to the view that if one parent is working from home and the other is not, then it has to be inferred that the child's interest would be better served by the one who does not go to office.” The Court noted that every parent has to step out to earn a livelihood, and the inability to ...

SC: Clicking a Woman’s Photos Without Consent Is Not Voyeurism Unless It Involves a “Private Act” In a significant clarification on the scope of Section 354C IPC (Voyeurism), the Supreme Court has held that merely clicking a woman’s photos or recording videos without her consent does not amount to voyeurism unless the act captures her engaged in a “private act” as defined under the law. A Division Bench of Justices N. Kotiswar Singh and Manmohan made this observation while discharging a man accused of intimidating a woman by taking her photographs and videos without permission. The complainant had alleged that the act intruded upon her privacy and outraged her modesty. However, the Court found that the essential ingredients of voyeurism were missing. What Does Section 354C IPC Cover? Section 354C deals specifically with voyeurism. To attract this offence, the following must be proved: 1. The accused watched a woman or captured her image; 2. The woman was engaged in a “private act”; 3. ...