Civil Court In Kerala Permits Sister Lucy To Continue Residing At The Convent Pending Disposal Of Petition

A Munsiff Court in Kerala on Friday ruled that Sister Lucy Kalappura may proceed to reside in the Franciscan Clarist Congregation till the matter before the Court is disposed of.

The Sister had approached the High court on a previous occasion to argue her own case challenging her eviction from the convent making history since it was reportedly the first instance of a nun fighting her own case in India.

Sister Lucy also submitted before the Court that she had no place to go if she was forced to vacate the convent.

"I am a woman, a nun fighting for justice. It is important for my nunship that I continue to stay at this convent. I have been a nun for the past 39 years, do not throw me into the streets. I have nowhere else to go," she had submitted. 

The High Court had earlier granted interim police protection to the sister. However, upon her right to continue as a member of the Franciscan Clarist Congregation(FCC) having been extinguished, it was observed that her continued residence in the Convent will only lead to continuous strife and conflicts. 

The Single Bench of the High Court had thereafter directed the Munsiff Court to dispose of the matter regarding her right to reside in the FCC expeditiously within 3 weeks, noting that it cannot direct the Sister to move out of the Convent as long as the matter was pending before the civil court.

It was held by the High Court that police protection shall not be granted to the Sister as long as she continues to reside at the Convent. It was also observed that insofar as she decides to reside elsewhere, the Court was obliged to provide protection to her. The Civil Court took a similar position. 

Background:

Sister Lucy came to the public spotlight after she launched an open protest against Bishop Franco Mulakkal, who was accused of raping a nun. The supreme appellate authority of the Catholic Church at the Vatican had rejected her appeal against her expulsion from her congregation in June.

During an earlier hearing, counsel for Mother Superior of the Convent had produced the copy of the decretum issued by the Supremum Tribunal of Signature Apostolicae to argue that could not continue as a member of the FCC and that she was henceforth not entitled to wear the religious habit of the FCC or stay in the convent with religious sisters.

She had also published a book "Karthavinte Namathil" recounting the bitter experiences she faced in her life which stirred up quite a controversy among the respondents.

When the petitioner felt that she would be evicted pending the appeal before the Vatican, she instituted a suit before the Court of the Munsiff, Manathavady.