Cruelty case against father working abroad
On August 11, 2026, the Kerala High Court in Ernakulam delivered a ruling quashing all criminal proceedings against a father from Kottayam. The man was accused of failing to provide for his son's basic needs and maintenance under Section 75 of the Juvenile Justice Act while working abroad. His wife had filed a complaint with the Judicial Magistrate of first class in Changanacherry, which led to the police registering a criminal case.
However, the father's legal team argued that his absence while working abroad meant he lacked actual charge or control over his son, and thus could not be held criminally liable. The High Court agreed, stating that the father's Advocates had sufficient assets and income in Kerala, and there was no evidence of assault, abandonment, or abuse of the child.
The court emphasized that paternity alone does not establish actual charge or control, and failure to pay maintenance by a non-custodial parent does not attract Section 75. The mother could still pursue maintenance under other laws, and a challenge to the quashing order before the Supreme Court remained open.
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