Chaini Parwani –
Published On: November 1, 2021 at 18.45 IST.
The Kerala High Court on Monday directed that if any member of the Kottayam Archeparchy wishing to marry a Catholic outside the diocese shall be issued a Vivaha Kuri (marriage certificate) without insisting on a letter of relinquishment of that person’s membership with the Archeparchy till the First Appellate Court eventually determines on the issue of dismissal of Knanaya Catholics on marrying outside the Diocese.
Single Judge Justice VG Arun passed a notification on an original Petition which argues the Order of the Additional Sessions Court, Kottayam (First Appellate Court) which stayed both the operation and implementation of the Trial Court’s Ruling.
The Trial Court had observed that the Kottayam Archeparchy could not debar members for marrying outside the Diocese.
Further, the High Court adjudged it appropriate to persuade the Original Petition by modifying the Trial Court’s Order in the following manner:
· If any member of a church under the Kottayam Archeparchy wishes to marry a Catholic from another diocese, he or she can make a request to the respondents (metropolitan Archbishop, Kottayam Arheparchy) for the issuance of Vivaha Kuri or no objection certificate.
· On receipt of the request, the respondents shall issue the vivaha Kuri or no objection certificate without insisting on any letter of relinquishment of that person’s membership with the Kottayam Archeparchy;
· The question of whether the person has relinquished his/her membership in the Kottayam Archeparchy on account of the marriage will depend upon and be abided by the judgement in the appeal.
Furthermore, the Court observed that the notice issued is by way of an Interim Arrangement and without prejudice to the contentions of the parties.
Justice VG Arun stated, “I am constrained to restrain from considering those contentions as that would impact the decision in the Appeal. All learned counsels are in unison that the judgement in this original petition should not fetter the liberty of the appellant court to decide the questions independently.”
The Court noted that the Appeal should be determined uninfluenced by the observations of the impugned order of the Appellate Court or the observations in the impugned Order directed and the same to be disposed of within three months.
On May 25, 2021, a Trial Court in Kerala noted that the “compulsive endogamy” practised by Knanaya Catholics was in violation of the Right to Marry under Article 21 and Article 25 (freedom to profess, practise and propagate religion) of the Constitution and hence restrained the Metropolitan Archbishop of the Kottayam Archeparchy from expelling Knanaya members on account of marriage to Catholics from other dioceses.
Further, the Order was challenged before an Additional District Court at Kottayam, which stayed the Order’s operation and execution.
Furthermore, the Petitioners filed an appeal with the High Court, arguing that the Order of the Appellate Court (Additional District Court) was invalid.
Advocate Kaleeswaram Raj, representing the Petitioners, alleged that the stated Order is not justified as it does not fulfil the requirements of Order XLI, Rule 5 (1) of the Code of Civil Procedure (CPC).
The Court further prolonged the Stay on the Trial Court Order which restrained the dismissal of Knanaya Catholic members for marrying a person from outside the Kottayam Archeparchy.
Case Title: Knanaya Catholic Naveekarana Samithi v. Metropolitan Archbishop, Archeparchy of Kottayam.
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