HC lets adopted son cremate mother after month-long delay
The Calcutta High Court on Thursday allowed the immediate cremation of a woman’s body by her adopted son, noting that the body had been lying uncremated for one month due to claims and counterclaims by relatives.
Petitioner Arka Mondal moved the high court praying for a direction to the police authorities permitting him to cremate the dead body of his mother Krishna Ghosh, who died a month ago on June 23.
It was stated that her body has been kept in the mortuary of state-run R G Kar Medical College and Hospital here.
The court noted the state Government’s submission that though Mondal is the adopted son, a dispute exists between him and other family members, causing an impasse over the cremation of the body.
“What is pivotal is that a lady died on June 23 and today, July 23, a writ petition is being considered to decide who will cremate the dead body,” Justice Bhattacharyya observed. The court said that cremation is necessary immediately, considering that the woman died a month ago. Justice Bhattacharyya directed the police authorities to permit the petitioner to cremate the dead body immediately, without deciding any other rights of the petitioner and the relative.
The court clarified that the cremation will not confer any additional rights to the petitioner unless decided by an appropriate forum.
Moving the petition seeking permission to cremate Ghosh, the lawyer representing the adopted son stated before the court that she had executed a will in his favour during her lifetime.
He stated that an adopted son has the right to perform the funeral of a deceased parent, but has not been permitted by the police authorities to do so.
The West Bengal Government’s lawyer submitted before the court that there is a dispute between the adopted son and other family members from the paternal side who are making rival claims of right to cremate the body
