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Kerala High Court issues rulings on passport rules, POCSO Act, and domestic violence protections
The Kerala High Court has issued several rulings clarifying the application of statutory law over personal and administrative mandates.
In a decision regarding passport documentation, the court ruled that divorcees are not required to produce a formal divorce decree or judicial separation order to remove an ex-spouse's name from their passport. The court noted that an office memorandum cannot override the Passports Rules, 1980, which dispense with such documentary proof for name changes.
In a criminal matter, the court held that marriage under Muslim personal law does not provide immunity from the Protection of Children from Sexual Offences (POCSO) Act if one party is a minor. The court refused to quash charges against a man accused of raping a 17-year-old, stating that the POCSO Act applies regardless of the validity of a marriage under personal law when a minor is involved.
Additionally, regarding domestic disputes, the court ruled that while a woman protected by a residence order under the Domestic Violence Act may seek police protection to ensure her safety, she cannot use such protection as a mechanism to evict her former husband from his own property.
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Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] The POCSO Act applies to sexual acts involving a minor even if the marriage was performed according to Muslim personal law. www.barandbench.com
- [○ 1 SOURCE] A woman granted police protection under the Domestic Violence Act cannot use that protection to evict her former husband from his own residence. www.livelaw.in
- [○ 1 SOURCE] Divorcees do not need to provide a divorce decree or judicial separation order to remove an ex-spouse's name from a passport. www.livelaw.in