Suit Filed For Worshipping In Church In A Particular Language Within The Purview Of Civil Law: Holds Karnataka HC

The Karnataka High Court has recently held that the practice to conduct prayer in the Konkani language by Christian Catholics in a Church under the control of the Archdiocese of Chikkamagaluru cannot be held as a matter of rituals and that it cannot be accepted that the Archdiocese is having all right to conduct the prayer. The High Court while upholding the order of the Appellate Court reiterated that the law of the land is applicable and the statutory law has to be looked into.

The Single Judge Bench of Justice H.P. Sandesh while relying on the judgment of Clarence Pais & Ors vs Union Of India 2001 reiterated that "It is further held that it is well settled that when legislature enacts a law even in respect of the personal law of a group of persons following a particular religion, then such statutory provisions shall prevail and override any personal law, usage or custom prevailing before coming into force of such Act."

The Court order observed that "It is the contention in paragraph 6 of the plaint that there are 42 Parishes of Chikkamagaluru and out of which the Parishes of different places are also allowed to do the prayer in different languages and the same is disputed by the appellant herein. When such being the case, the same has to be decided only in full fledged trial and not at the initial stage of considering the averments made in the plaint."

The Court also observed that "It is rightly pointed out by the learned counsel for the respondent that while entertaining the application with regard to the maintainability is concerned, the Court has to look into the averments of the plaint and it is also settled law that the defence cannot be considered while considering the averments made in the plaint with regard to the maintainability and for rejection."

The High Court was dealing with a case of Konkani-speaking Christian Catholics having a sizeable population in Chikkamagaluru town offering prayers at the local church headed by the Archdiocese of Chikkamagaluru. It was contended that the Konkani-speaking Christians have not been allowed to offer prayers/mass prayers in their language.

Appearing for the Appellant, Advocate Sachin BS submitted that with respect to religious matters, the plaintiffs have approached the Court and the same is outside the purview of civil law and has to be handled by the religious authority of the Catholic church. It was also submitted that the civil Court has no jurisdiction to entertain the suit. It is also contended that as per the Canon Law, the Bishop of the Diocese is empowered to take decisions with respect to the language policy.

On the other hand, appearing for the Respondent Advocate Manjunath Prasad HN had contended that they are not against offering prayers in Kannada or any other language and that no Law in respect of Christian churches has been framed in India and there is no statutory law. He argued that the Archdiocese is also governed by the law of the land.

Considering the facts of the matter at hand, the High Court observed that "It is rightly pointed out by the learned counsel for the respondent that while entertaining the application with regard to the maintainability is concerned, the Court has to look into the averments of the plaint and it is also settled law that the defence cannot be considered while considering the averments made in the plaint with regard to the maintainability and for rejection."

The High Court accordingly did not find any error committed by the First Appellate Court in reversing the finding of the Trial Court and dismissed the second appeal.

Cause Title: Diocese of Chikkamagaluru v. Lancy J Narona & Others

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