Lawwatch : Legal Resources for Advocates

Distinct Causes of Action Demand Distinct Original Petitions in Kerala Family Courts

By K Rajasekharan 1 March 2026Family, Marriage & Divorce

In Indian Family Courts, particularly in Kerala, different reliefs require the filing of separate Original Petitions (OP) for Divorce, Maintenance, Return of Gold, and Child Custody. This is because these reliefs are governed by distinct statutes and specific procedural rules.

Minor’s Vehicle Compensation: Insurer Must Furnish Minimum Wages if Claimant Fails to Provide Income Details

By K Rajasekharan 28 February 2026Motor Vehicles Act

In Hitesh Nagjibhai Patel v. Bababhai Nagjibhairabari & Anr [2025 INSC 1070], the Supreme Court established a critical procedural safeguard for calculating compensation in accidents involving minors.

Extra-Marital Relationship Coupled with Negligence: Grounds for Disqualifying Mother from Child Custody

By K Rajasekharan 28 February 2026Matrimonial and Maintenance Cases

In Indian jurisprudence, an extra-marital relationship or adultery by a mother does not automatically disqualify her from child custody. The courts consistently maintain that a "bad wife" is not necessarily a "bad mother." Adultery does not equate to parental incompetence; an affair cannot be the sole grounds for denying custody unless it is proven that the conduct directly results in the neglect or abandonment of the child.

Condonation of Delay is Not a Matter of Right, but Judicial Discretion

By K Rajasekharan 27 February 2026Civil Cases & Proceedures

The Supreme Court, in State of Odisha v. Managing Committee of Namatara Girls High School [2026: INSC:148], has reiterated that the condonation of delay cannot be claimed as a matter of right; rather, it remains entirely within the discretion of the Court.

Seizure of Mobile Devices as Digital Evidence: A Step-by-Step Guide

By K Rajasekharan 27 February 2026Inf. Technologies for Advocates

To maintain the integrity of mobile data, you must isolate the device from all networks and prevent any interaction that could trigger automated deletion or system updates. Because mobile data is highly volatile, background processes and incoming signals can permanently destroy existing data or information.

Modes of Electronic Signing Under Kerala E-Filing Rules

By K Rajasekharan 26 February 2026Inf. Technologies for Advocates

An Advocate or Party-in-Person may authenticate filings in one of the following four ways: Digital Signature: Under Rule 6(1) of the 2021 Rules. Aadhaar-based Electronic Signature: Under Rule 6(2) of the 2021 Rules. OTP-based Authentication: Using email or mobile-based OTP, under Rule 6(3) of the 2021 Rules. Physical Signing & Scanning: By preparing, signing, scanning, and uploading the print version to the e-filing portal.

Hash Value: Its Technical Characteristics and Legal Implications for Advocates

By K Rajasekharan 22 February 2026Indian Evidence Act, Inf. Technologies for Advocates

A Hash Value is not just a string of random characters but something more than that. It is the advocate’s primary shield against tampered digital evidence. By understanding its characteristics—Fixed Length, Determinism, and Sensitivity—an advocate ensures that justice is not only done but is seen to be done in the digital age, as well.

Competent Authority Must Scrutinize All Documents and Apply Mind When Issuing Prosecution Sanction

By K Rajasekharan 20 February 2026Sanction to Prosecute Govt Servant

The Supreme Court, in Central Bureau of Investigation v. Ashok Kumar [AIR 2014 SC 827], summarized the essential principles for granting sanction to prosecute a government servant. These principles ensure that the process is not a mere formality but a rigorous legal safeguard.

Relevance of Criminal Court Judgments in Civil Proceedings

By K Rajasekharan 14 February 2026Indian Evidence Act

A judgment of criminal court is relevant as per Sections 40 to 43 of the Indian Evidence Act in civil proceedings. There is no embargo on the civil court to place reliance upon it as a corroborative material, observed the Supreme Court in Satish Chander Ahuja v. Sneha Ahuja [(2020) 11 SCC 415].