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Writ Petition Not Maintainable Against a Church
The High Court of Kerala held that a Writ petition is not maintainable against a church for its decision not to solemnize a marriage.
The Court opined that No public duty is undertaken by the church in solemnizing the marriage and that solemnization of marriage clearly fell under the ambit of private law.
This is because marriage is pertaining to a relationship between two individuals and it cannot fall under the purview of public duty.
The Bench comprising of Chief Justice S. Manikumar and Justice Shaji P. Chaly solemnizing marriage fell under the ambit of private law and no public function is involved in it.
The Writ petition was filed by couple questioning whether the church they’re members of has the discretion to refuse to solemnize their marriage.
The Division Bench upheld the Single Bench Judgement by Justice VG Arun who dismissed the petition held that, even in cases where a person, body of persons, or an institution is found to be performing a public duty, a writ could not enforce private law rights.
In the appeal, the council for appellants had relied on the judgment in Federal Bank Ltd. v. Sagar Thomas [(2003) 10 SCC 733] brought up the contention that despite being a Private body, the church still discharges public duty or positive obligation of public nature, and hence a wrote would lie against the church.
The Bench quoting various precedents with regard to this also taking into consideration all the functions carried out by the court opined that the solemnization of marriage was a private function and was not the duty of the state.
Though the Priest of a Church is solemnizing a marriage in a Church, he cannot be said to be a public servant, discharging public duty or public function. Functions that are similar or closely related to those performable by the State in its sovereign capacity alone can be said to be a public duty or public function. Solemnization of a marriage by a Minister of District Chairman and Presbyter, CSI, District Church, Balaramapuram (respondent No.2), cannot be said to be an act performable by the State in its sovereign capacity. Solemnizing a marriage involves the relationship between the parties, which clearly falls within the ambit of private law, and no public function is involved in it.
The Court agreed with the stand taken by the Church which asserted that while solemnizing marriage it was not undertaking any public function.
Case Name: Santhoshkumar S. vs Church Of South India
Case no.: WA.No.53 OF 2020
Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly
Counsel: Advocates S.VINOD BHAT, ANAGHA LAKSHMY RAMAN, K. R. RIJA, T. N. MANOJ
