In a case, there is a dispute between the parties inter se with regard to the right of worship in a Mandir. Whether a suit can be filed in respect of this case? Give reasons and also refer to case law, if any on this point.

Question: In a case, there is a dispute between the parties inter se with regard to the right of worship in a Mandir. Whether a suit can be filed in respect of this case? Give reasons and also refer to case law, if any on this point.

Find the answer to the mains question only on Legal Bites. [In a case, there is a dispute between the parties inter se with regard to the right of worship in a Mandir. Whether a suit can be filed in respect of this case? Give reasons and also refer to case law, if any on this point.]

Answer

It is well established that a right to worship in a particular temple is a civil right and that a right to perform a religious office to which obligations and emoluments are attached is also a civil right. It is also a well-established legal position that suits relating to rites or rituals in a place of worship are not of civil nature. However, the right to worship is a civil right that can be agitated in a civil court. The courts will not endeavour to lay down a ritual that is to be followed in the worship.

In Ugam Singh and Anr. v. Kesrimal and Ors 1971 AIR 2540. it has been held by the Hon’ble Apex Court that a right to worship is a civil right. The Hon’ble Apex court held: 

"From the pleadings and the controversy between the parties it was clear that the issue was not one which was confined merely to rites and rituals but one which effected the rights of worship. If the Digambars have a right to worship at the temple, the attempt of the Swetambars to put Chakshus or to place Dhwajadand or Kalash in accordance with their tenets and to claim that the idol is a Swetamberi idol was to preclude the Digamberies from exercising their right to worship at the temple, with respect to which a civil suit is maintainable under Section 9 of the Civil Procedure Code."

These findings clearly establish that the appellants interfered with the rights of Digamberies to worship with respect to which a civil suit is maintainable under Section 9 of the Civil Procedure Code.

Hence, in view of the above-established ruling, it can be said that if there is a dispute between the parties with regard to the right of worship in a Mandir, then it can be brought before the Civil Court under section 9 of CPC.

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