Endogamy as an enforced practice within a religious community violates individual constitutional rights, highlighting a balance between religious customs and rights under Articles 25 and 26.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

RD MONDAY, THE 23 DAY OF MARCH 2026 / 2ND CHAITHRA, 1948 RSA NO. 656 OF 2022 AGAINST THE JUDGMENT AND DECREE DATED 2.9.2022 IN AS NO.36 OF 2021 OF ADDITIONAL DISTRICT COURT - V, KOTTAYAM ARISING OUT OF THE JUDGMENT AND DECREE DATED 30.4.2021 IN OS NO.106 OF 2015 OF ADDITIONAL SUB COURT, KOTTAYAM APPELLANTS/APPELLANTS/DEFENDANT NOS.1 & 2:

1 THE METROPOLITAN ARCHBISHOP, THE ARCHEPARCHY OF KOTTAYAM, CATHOLIC METROPOLITAN'S HOUSE, KOTTAYAM-686 001, THE PRESENT METROPOLITAN ARCHBISHOP IS MOST REV. MAR MATHEW MOOLAKKATT.

2 THE ARCHEPARCHY OF KOTTAYAM, CATHOLIC METROPOLITAN HOUSE, PB NO.71, KOTTAYAM, KERALA-686 001, REPRESENTED BY THE METROPOLITAN ARCHBISHOP.

BY ADVS.

SHRI.P.B.KRISHNAN (SR.)

SRI.SABU GEORGE SRI.MANU VYASAN PETER SHRI.ABRAHAM BABU KALLIVAYALIL SRI.JACOB E SIMON RESPONDENTS/RESPONDENTS 1 TO 9 & ADDL.R10 TO R29 IN AS

36/2011, R1-R4 & R7-R11 IN AS 59/21, R1-R4 & R7-R11 IN AS

62/21, R1-R4 & R7-R11 IN AS 65/21, R1-R4 & R7-R10 IN AS 95/21, R1-R4 & R7-R11 IN AS 89/21, R1-R4 & R7-R11 IN AS

6/22, R1-R4 & R7-R11 IN AS 7/22, CROSS OBJECTORS & R3-R8 IN CROSS OBJECTION IN AS 36/21, APPELLANT IN AS 59/21, APPELLANT IN 62/21, APPELLANTS IN 65/21, APPELLANT IN AS

95/21; APPELLANT IN 89/21, APPELLANT IN 6/22 & APPELLANT IN AS 7/22/ PLAINTIFFS & DEFENDANTS 3 TO 7 AND NOT PARTIES TO SUIT:

1 KNANAYA CATHOLIC NAVEEKARANA SAMITHY, VALTHARN BUILDING (NEAR VILLAGE OFFICE), KUMARAKOM P O., KOTTAYAM, PIN 686563, REP. BY –

ITS PRESIDENT WHO IS ALSO RESPONDENT NO.2.

2 T.O. JOSEPH AGED 70, S/O. OUSEPH, THOTTUMKAL HOUSE, KANNANKARA P O., THANNERMUKKAM NORTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN –

688527.

3 LUKOSE MATHEW K., AGED 65, S/O.MATHEW, KUNNUMPURATHU HOUSE, KURICHITHANAM P.O., KURICHITHANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686635.

4 C.R. PUNNEN, AGED 68, S/O. KURUVILLA CHIRAYIL HOUSE, ATHIRAMPUZHA P O, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN 686562, REP. BY HIS POWER OF –

ATTORNEY HOLDER V.C. MATHAI. 5 THE MAJOR ARCH BISHOP, SYRO MALABAR MAJOR ARCHIEPISCOPAL CHURCH, MOUNT ST. THOMAS, KAKKANAD P O., P.B. NO.3110, KOCHI, THE PRESENT MAJOR ARCHBISHOP IS HIS BEATITUDE MAR GEORGE CARDINAL ALENCHERRY, PIN - 682030.

6 SYNOD OF THE BISHOP OF THE SYRO MALABAR MAJOR ARCHIEPISCOPAL CHURCH, MOUNT ST. THOMAS, KAKKANAD P O., P.B. NO. 3110, KOCHI, REP.BY ITS SECRETARY, PIN - 682030.

7 CONGREGATION FOR THE ORIENTAL CHURCHES VIA DELLA CONCILIAZIONE 34, 00193, ROMA, ITALY, REP.BY ITS PREFECT.

8 CONGREGATION FOR THE DOCTRINE OF FAITH PIAZZA DEL S.UFICIO-II, 00139, ROMA, ITALY, REP.BY ITS PREFECT.

9 KNANAYA CATHOLIC CONGRESS, KOTTAYAM, REP. BY PRESIDENT STEPHEN GEORGE, S/O.

GEORGE, VELIYATH HOUSE, KURUMULLOOR P.O, ONAMTHURUTHU VILLAGE, KOTTAYAM, PIN - 686632.

10 JOHNY KURUVILLA, AGED 69, S/O. P.P.KURUVILLA, PADICKAMYALIL HOUSE, KADAPLAMATTAM P.O., KOTTAYAM. NOW RESIDING AT T.C.12/1773/4, MULAVANA, KUNNUKUZHY, THIRUVANANTHAPURAM DISTRICT, PIN - 695034.

11 DOMINIC SAVIO, AGED 63, S/O. V.C. KURUVILLA, VACHACHIRAYIL, KUZHIMATTOM P.O., PANACHIKKADU, KOTTAYAM DISTRICT, PIN - 686533.

12 BENNY JACOB, AGED 56, S/O. E.K.CHACKO, ILLICKAL HOUSE, CHUNKOM KARA, KOLANI P.O., IDUKKI DISTRICT, PIN - 685608.

13 BIJU UTHUP, AGED 62 YEARS, S/O. UTHUP, RESIDING OF 62, 10TH MAIN, 7TH CROSS, HORAMAVU ROAD, NANDANAM COLONY, BANGALORE-560043.

14 JAMES JOSEPH K, AGED 62 YEARS, S/O. JOSEPH, KATTUVEETTIL HOUSE, NAGAMPADOM, NATTASSERY KARA, PERUMPAIKADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN-

686002.

15 KNANAYA ROYAL COMMUNITY, REPRESENTED BY ITS MANAGING TRUSTEE JOSE THOMAS, AGED 54 YEARS, S/O THOMAS, ENNAMPLASSERIL HOUSE, UZHAVOOR PO, UZHAVOOR KARA, UZHAVOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM. PIN - 686634.

16 JOYAN P.SAIMON, AGED 50 YEARS, S/O. P.J. SAIMON, POWAT, KUMARAKOM P.O, KUMARAKOM VILLAGE, KOTTAYAM -686563.

17 TOBIN GEORGE, AGED 48 YEARS, S/O. GEORGE JOSEPH, MELUVALLIL HOUSE, KUMARAKOM P.O., KUMARAKOM VILLAGE, KOTTAYAM-686563.

18 PHILU THOMAS, AGED 47, S/O.THOMAS, HOUSE NO. 145-43, THOM