Introduction:

In a poignant case before the Kerala High Court, the court grappled with a live-in partner’s plea for the release of his deceased partner’s body from the hospital. Justice Devan Ramachandran emphasized the deceased’s right over their mortal remains, invoking Article 21. The court refrained from immediate orders, awaiting the deceased’s family’s perspective. The deceased, who tragically passed away on February 4, prompted discussions on post-mortem procedures and the dignified handling of mortal remains.

Arguments:

Advocate Prashanth Padmanabhan, representing the petitioner, highlighted the urgency for inquest and post-mortem procedures, expressing the live-in partner’s rights. The hospital, represented by Advocate Pooja Menon, assured cooperation, relinquishing a significant sum for altruistic reasons. Government Pleader Sunil Kumar Kuriakose informed the court of notifying the deceased’s parents about the required inquest. The petitioner pledged not to impede the deceased’s family’s wishes.

Court’s Judgement:

Justice Ramachandran, acknowledging the deceased’s rights, underscored the need for swift and dignified action on mortal remains. While refraining from immediate orders, the court urged expeditious completion of inquest and post-mortem processes. The petitioner’s commitment to respecting the deceased’s family’s wishes played a pivotal role in the court’s approach. The matter awaits the deceased’s family’s input and further proceedings.