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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
PRATHEESH SIMON – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 7148 OF 2026
| Table of Content |
|---|
| 1. allegation of civil rights infringement due to marriage practices. (Para 1) |
| 2. court observes remedy lies in civil courts under specified jurisdiction. (Para 2) |
| 3. court dismisses the writ petition reserving the petitioners' rights. (Para 3) |
JUDGMENT
Petitioners allege that, despite being members of the Church of South India, they are not permitted to worship at the 4th respondent Church, merely because, they married under the Special Marriage Act , 1954 instead of through the Church.
2. On a reading of the writ petition, it is evident that petitioners seek to establish a civil right which is alleged to have been infringed upon by respondents 4 to 6. There is no allegation that the State or any officer of the State, has denied any right of the petitioners. In such circumstances, the remedy, if any, available to the petitioners is to approach the Civil Court, invoking the jurisdiction under Section 9 of the Code of Civil Procedure , 1908.
3. Reserving the liberty of the petitioners to approach the appropriate forum in accordance with law, this writ petition is dismissed.
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