SANTHOSHKUMAR S. Vs. CHURCH OF SOUTH INDIA

JUDGEMENT

(1.) Instant writ appeal is filed against judgment in W.P.(C) No.39357 of 2015 dated 30.09.2019 by which, the writ court, by holding that writ petition filed against a Church is not maintainable, dismissed the same.

(2.) Moot question raised in the writ petition is, whether 'Church' does a public duty or public function, within the definition of State or a instrumentality of State and, whether a writ petition is maintainable against a Church.

(3.) Short facts leading to the appeal are as under: Appellants, who are the members of Church of South India, respondent No.1, submitted an application for solemnizing their marriage. Pre-marriage counseling of the appellants were conducted from 01.10.2015 to 03.10.2015 and a certificate to that effect was issued. Appellants remitted Rs.1,000/- each, at their pastorates for publishing/ announcing notice of their intended marriage during the prayer services on the three succeeding Sundays. Notice regarding the proposed marriage of the appellants was read out on 08.11.2015 and 15.11.2015. At that point of time, additional respondent No.4 raised objections against the proposed marriage alleging that appellant No.1 had promised to marry the 4 th respondent, deceived her, and had sexual intercourse with her. When the 4th respondent realised the deception, she filed a complaint before Balaramapuram Police Station, which resulted in registration of Crime No.573 of 2015 under Section 376 of the IPC against appellant No.1. On receipt of the objection, appellant No.1 was directed to appear before the Ecclesiastical Court of the Diocese. He appeared and submitted his explanation stating that a false complaint had been filed by the 4 th respondent out of personal animosity. The Church by Exhibit-P8 order dated 17.12.2015 upheld the objection submitted by the 4 th respondent and decided not to solemnize the marriage between the appellants in the 1st respondent Church. Hence, the instant writ petition was filed for the following reliefs: