Order against expulsion of members of Kerala church for marrying outside shouldn't have been stayed: HC

The HC directed that the order be kept in abeyance for one month
Kerala High Court (File Photo| A Sanesh, EPS)
Kerala High Court (File Photo| A Sanesh, EPS)

KOCHI: The Kerala High Court has directed to keep in abeyance for one month the order issued by the Additional District Court, Kottayam, staying the ruling of the Sub Court restraining the Metropolitan Archbishop of the Archeparchy of Kottayam from expelling members on marrying a person from outside the diocese.

The Sub Court had ruled against the Knanaya Church's practice of ousting members for marrying outside their community and had observed that it was unconstitutional. It had also declared that by entering into the sacrament of marriage with another Catholic from any other diocese, a member of the Archeparchy of Kottayam will not forfeit the membership.

Justice VG Arun issued the interim order on the petition filed by Knanaya Catholic Naveekarana Samithi, Kumarakom Kottayam and two others challenging the Additional District Court's order on May 18, 2021. The Additional District Court had stayed the operation and execution of the Sub Court's judgment. This was extended till the disposal of the appeal.

Kaleeswaram Raj, counsel for the petitioners, submitted that stay of proceedings or execution of the decree shall be granted only on the Additional District Court being convinced that there was sufficient cause for granting the order. The order should reflect the reasons that had prompted it to stay the proceedings or the execution.

The High Court observed, "Nothing is stated in the order dated May 18, 2021 by which operation and execution of the order is stayed. It is stated that the order was rendered after perusing the judgment of the trial court and the affidavit in support of the stay petition. Even though the subsequent order, by which the stay is extended, was issued after hearing, that will not efface the fundamental flaw of the stay order having been granted without the court exercising its discretion judiciously."

The court noted that the issue involved was regarding curtailment of the fundamental right of a citizen to marry a person of their own choice, by insisting that the partner should also be a member of the Archeparchy of Kottayam.

"In my considered opinion, there should be sufficient cause for the court to stay the decree of the trial court, thereby suspending an individual's right to marry a partner of his choice. For now the issue stands decided in favour of the petitioners. The appellate court should not have stayed the operation and execution of the decree, that too without assigning valid reasons," held the court.

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