INTER CASTE MARRIAGE IS APPLICABLE ONLY TO HINDU, SIKH AND BUDDHA RELIGIONS AND NOT FOR CHRISTIAN RELIGION AS PER KERALA LAND REVENUE MANUAL VOLUME VI, PARAGRAPH 246 :KERALA HIGH COURT
The High Court of Kerala passed a judgement on 13 March, 2023 stated that inter caste marriage is applicable only to Hindu, Sikh and Buddha religions and not for Christian Religion as per Kerala Land Revenue Manual Volume VI, Paragraph 246. It was stated in the case of Chippy vs The Tahasildar on 13 March, 2023(W.P.(C.) No. 2193/2023) which was passed by the single judge bench comprising of JUSTICE SHAJI P.CHALY
FACTS OF THE CASE:
The petitioner belongs to Hindu Bharathar community which is a schedule caste. The case of the petitioner is that petitioner applied for a caste certificate in the year 2013 and had been issued with same on 18.10.2013 But recently in December, 2022 when she applied for caste certificate, it was rejected by order dated 10.01.2023 stating that her father does not belong to scheduled caste and the mother belongs to scheduled caste. It is also the submission of the petitioner that the certificate of caste of the children of the inter-caste marriage is governed by Government Order. The sum and substance of the contention is that the Tahsildar – the first respondent while rejecting the application, has not taken into account Ext.P8 Government Order, dated 20.11.2008. According to the petitioner. order passed by the Tahsildar rejecting the application of the petitioner is arbitrary and illegal, susceptible to be interfered in a proceeding under Article 226 of the Constitution of India.
JUDGEMENT OF THE CASE
The writ petition is disposed of leaving open the liberty of the petitioner to approach the Scrutiny Committee with a suitable application and if any such application is filed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.