The appeal filed before the Additional District Judge, Kottayam against the decision passed by the Additional sub court, Kottayam in a case aroused out of the dispute of expulsion of the family from the community because of the marriage performed by one of the member of family with member of other catholic community.
The court observed facts and circumstances of the case and held that practising endogamy is not essential practice of the religion. And this is also against the fundamental right provided under article 25 of constitution.
The court noted that custom of endogamy is not criteria to snatch the membership of community member from Knanaya Church.
Knanaya Church belongs from syro Malabar sect and they trace their path back to Syrian Christian. They moved from Syria to Kerala in 4th century. They want that member of Knanaya Chruch should marry within Knanaya Church.
This case was filed by Knanaya Catholic Naverkarana Samithi and other members of community against the expulsion of family from marrying other community.
The counsel for community contended that they are practising their custom continuously from 1000 yrs without any break while the counsel for family expelled from community contended that this is against the fundamental rights given under article 25 and 21 of constitution.