Handbook on the Civil Cases Concerning the Catholic Church in India

1. Jurisdiction of Civil Courts in Church Related Issues
Suits of Purely Civil Nature ...19
Suits of Purely religious Nature ........21
Suits of Mixed Nature- Civil and Religious Nature ..........26
2. Canon Law and Personal Law of Christians
Canon Law as Personal Law of Christians.........32
Canon law is Not Recognized as the Personal Law of Catholics in Certain Matters .......36
3. Catholic Church and Exercise of Freedom of Religion
Meaning of Religion .......42
Protection of External Religious Activities ........43
Restriction on External Religious Activities ........48
Cases Related to Conversion and Reconversion ........53
Freedom from Taxes for Promotion of any Religion ..........59
Exclusion of Christians in Election of Dolloi in Elaka Jowai .........60
Incarnation , Excardination and Excommunication ..........60
Catholic Priest and Censor Board .......62
Baptism certificate ........63
Practice of Law by Priests and Religious ..........63
Religious Habit ..........64
Change of Rite .............65
Exemptions for the Societies Registered under the Societies Registration Act, 1860.......67
4. Properties of the Church
Control of the State in the Administration of Church Properties ..69
Right of the Laity or Parishioners ......72
Agreement of Sale and Alienation of Church Properties ......73
An Excommunicated Member Cannot Claim Right to Church properties ............73
Reservation of Places in Church ...........74
The Member of a Voluntary Association are Bound by its Rules ..........75
Distintion Between the Episcopal Church and Congregational Church ...........76
No worship in Church Contrary to the Rituals of the Roman Catholic Church .............76
Dual Authority of the Administration not Allowed .......77
5. Marriage and Matrimonial Causes
Definition of Marriage ..............80
Application of Indian Christian Marriage Act, 1872..........80
Divorce and Annulment .........84
6. Succession and Maintenance
Customary Laws and Personal Laws in Matters of Succession of Christians.............88
Section 118 of the Indian Succession Act and Equality .............92
Right of Priests to Succession .........92
Right of Nuns to Succession .........95
Maintenance ............96
7. Adoption, Guardianship and Custody
Adoption and Customary Laws of Christians .........98
Recognition of the Right to Adoption ......100
Guardianship................100
Custody........101
8. Education and Educational Institutions of the Catholic Church
Fundamental right of Minorities to Establish Educational Institutions ..........103
Fundamental Rights to Administer Educational Institutions ........106
9. Churches and Issues related to Labour
Churches are not Industries ......131
Churches are not Commercial Consumers .............135
Dioceses are not Industries .....135
Priests, Pastors and Religious are Not Workmen ...137
Provident Fund ..........139
Gratuity........141