Kerala HC keeps in abeyance stay order on expulsion of Knanaya members

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.
Kerala HC keeps in abeyance stay order on expulsion of Knanaya members

KOCHI: The Kerala High Court has kept in abeyance for one month the order issued by the Additional District Court, Kottayam, staying the ruling of the sub court restraining the archbishop of Kottayam from expelling members on marrying a person from outside the Knanaya Catholic community. 

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. The sub court had also declared that by entering into marriage with another Catholic from any other diocese, a member of the Archeparchy of Kottayam will not forfeit the membership. 

The court noted that the issue involved curtailment of the  fundamental right of a citizen to marry a person of his/her own choice by insisting that the partner should also be a member of the archeparchy. 
“In my considered opinion, there should be a 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/her choice. For now, the issue stands decided in favour of the petitioners. Being so, the appellate court should not have stayed the operation and execution of the decree, that too without assigning valid reasons,” held the High Court on Thursday.

Justice V G Arun issued the interim order on a petition filed by Knanaya Catholic Naveekarana Samithi, Kumarakom, and two others challenging the Additional District Court’s order on May 18, 2021. The court had stayed the operation and execution of the sub court’s judgment. Later, it was extended till the disposal of the appeal.

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