S.S. Sundar, J.

The defendant in the suit in O.S.No.450 of 2003 on the file of the First Additional District Munsif Court, Nagercoil, is the appellant in the above Second Appeal.

2. This Second Appeal is against the judgment and decree dated 25.04.2005 in A.S.No.13 of 2005 on the file of First Additional Sub Court, Nagercoil, confirming the judgment and decree dated 17.11.2004 in O.S.No.450 of 2003 on the file of First Additional District Munsif Court, Nagercoil.

3. The respondent herein filed a suit in O.S. No. 450 of 2003 on the file of the District Munsif Court, Nagercoil against the appellant herein for declaration that the appellant/defendant belongs to R.C. Christian sect and for a permanent injunction restraining the appellant/defendant from interfering with the affairs and functioning of the District Nair Service Society and Velu Thambi Memorial Educational Trust. The declaration was subsequently given up and the suit for permanent injunction alone was prosecuted.

4. The case of the respondent/plaintiff is that the appellant/defendant married one Mary Rose on 26.12.1953 at St. Xavier Cathetral, Kotar, after converting himself into Christianity. According to the respondent/plaintiff, the appellant/defendant was living as a Christian after conversion and the society accepted him and recognised him only as a Christian. It is the specific case of the respondent/plaintiff that a person who had voluntarily converted to Christianity as per the ecclesiastical law has to be remained as a Christian till his life time, if there was no reconversion by due process of law. The respondent/plaintiff contended that the appellant/defendant, who is now called by Christian name i.e., "Amal Ralphin”, cannot claim that he belongs to Hindu Nair community and cannot exist in his Hindu name "Sridharan Nair”.

5. The respondent/plaintiff claimed that he is the President of Kanyakumari District Nair Service Society and the Chairman of Velu Thambi Memorial Educational Trust. According to him, the society itself was formed by the Nair community people to promote the education of Nair community and the objects of the society and trust do not permit a non-Hindu to participate in the affairs of the society. The plaint also presupposes that a Christian is not entitled to continue as a member of the Nair community and hence, cannot be allowed to interfere with the affairs of the association and the trust which exclusively belong to the Nair community.

6. The suit was resisted by the appellant/defendant on the following grounds:

(a) The suit prayer for declaration and injunction is not maintainable.

(b) Though the defendant was born as a Hindu, he fell in love with the girl by name Mary Rose, a Roman Catholic Christian and agreed to marry her by adopting Christian ceremonies and forms at the request of the parents of her wife Mary Rose. Though the marriage was celebrated in a church after giving baptism to the defendant, the defendant had orally informed by parents of his wife and his wife that he would come to the church only for the celebration of the marriage and that he would continue as a Hindu confirming to his belief and faith. As a matter of fact, he never adopted and embraced Christianity at any time and the society has recognised him only as a Hindu as the defendant never gave up his belief and doctrine of Hinduism at any time. According to the defendant, even his wife Mary Rose changed her name as Kusumakumari and converted herself to Hinduism and followed Hinduism by visiting Hindu temples and accepting the doctrines of Hinduism. Since the children born to the defendant and the family of defendant living as Hindus and the society accepted and recognised his family as belonging to Hindu Nair community, the defendant contented that he continued to be the member of Hindu Nair community and that the plaintiff's suit is unsustainable in law.

(c) The defendant has every right to participate in the activities of the Nair Service Society of Kanyakum