Kochi: A Catholic layman has challenged the authority of diocesan tribunals to decide on marital disputes.
Cherian Job of Thiruvananthapuram has approached the Kerala High Court alleging that the Church’s parallel adjudication machinery is ‘improper and illegal.’
Job, a member of the Syro Malabar Church, approached the court after tribunal of Changanacherry archdiocese issued a decree nullifying his son’s marriage while a divorce petition was pending before the family court. Job said only civil courts should deal and adjudicate marital relationship as per the law of the land.
“Bypassing the law of land is like ignoring Reserve Bank of India and printing one’s own currency notes. Illegal declaration on the personal status of individuals by religious institutions cause anarchy and is also an abusive procedure,” Job argued.
Job’s son Joby married Dhanu in 2003 but the marriage fell apart ten years later. While Dhanu filed for divorce in the family court, her family went took the matter to the Changanacherry archdiocese. The tribunal passed a “decree” early this year, “nullifying” the marriage. Joby and Dhanu have two children, aged 12 and 11.
Job’s petition seeks a court directive to close all tribunals and systems managed by religious institutions, parallel to civil courts, to adjudicate marital disputes. His lawyer, P Sathisan, says only courts of law should deal with issues related to marital relation. He also submitted to the court that the Church tribunals are expected only to mediate and conciliate the matrimonial disputes of those who approach them.
Job said decrees by the Church tribunal amounts to labeling his son as a divorcee in front of other Christians and a married person in front of others. Catholics, whose marriages have been annulled by a Church tribunal but not a civil court, face the risk of being prosecuted for bigamy under the Indian Penal Code if they remarry in church.
Without a civil divorce, children from a second marriage would be considered illegitimate and the spouse could face criminal charges. Even the priest who solemnizes the second marriage could be prosecuted for abetment.
Fr James Perepadan, adjutant vicar judicial of the Metropolitan Tribunal of the Ernakulam Angamaly archdiocese, says Church Tribunals normally grant annulment within six months to one year, depending on the cooperation of the parties.
However, a religious remarriage will be difficult for both parties until the civil court grants divorce, the priest explained. The Church tribunal grants annulment only after the civil court grants divorce to avoid these risks, he added.
Referring to the allegation of parallel adjudication system, Fr Perepadan says civil courts and the Church Tribunal are different forums.
“While the Church tribunal deals with only religious matters, civil law is applicable to issues such as custody of children and dowry. The Church tribunal is in no way a parallel system to the civil court,” he clarified.
Meanwhile, The New Indian Express quoted Justice C N Ramachandran Nair, former Kerala High Court judge, pointing out that a petition against the Church’s decision was unlikely to sustain. “There is a conflict only if any provision of religious law is against the civil law,” Justice Nair said.
The Kerala High Court adjourned hearing the petition for to March 16.