• Divorced mother's funeral rites by son

Sir,

I am writing this for my nephew who just lost his mother. Poor child, his depressed mother abandoned him and his father 3 years back and got a divorce decree in her favour and never bothered to even talk to or sms the 13 year old hapless boy who always loved his mom. His dad never married and so is his mom. She passed away today and would like to know if her son could retrieve the body from her relatives who are against cremating her body in her matrimonial home, where her son resides today. Her 13 year son is very particular of getting his mom's body at least to perform the funeral rites and remember her in prayers year after year as per Catholic customs. My nephew is from a well-educated background whereas his mom's dad is a driver and from a low-income strata but respected by his dad and himself. However, his mom's relatives have been barbaric, insulting and abusive all these years and expect physical assaults and high resistance from moving out the body from his mom's parental residence (especially from his maternal grandma) and take the body around 50 miles away for cremation as per Christian Roman Catholic remedies. With his mom having divorced his father, what remedies would my nephew her son have from the state to have his mom cremated in his parish as per his wish or would his mom's last wish by word or writing (as falsely claimed by his mom's relatives) stand good.
Asked 3 years ago in Family Law
Religion: Christian

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15 Answers

A dead body is generally presumed under law to belong to spouse first and the next of kin, to ensure decent burial.

The son in question is having preference amongst other to perform the last rites of his mother.

Seek Police assistance in this matter so that the dead body is handed over to the son in question for decent burial.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

1)her son can claim his right to perform the last rites of his mother

2) if relatives refuse to permit him to do so he should file complaint against them

3) he cannot be barred from attending his mother funeral

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Dear Client,

Rights of child do not cease upon divorce. He is still a valid son of her and its his inherent right to submit proper funeral rights.

Complain to police or apply to HIGH Court or Collector office to help him, to complete last rituals without any restrain under police protection.

Or Hire some best advocate and appeal to HIGH Court, Instant relief in a day or hours or Collector office.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

last wishes of mother should be respected

2) if she has categorically mentioned that body should not be cremated at her matrimonial home then you cannot take the body for cremation

3) however it would not bar the son from attending his mother funeral and performing her last rites

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Please approach district commissioner or ccollector with a request letter seeking their intervention to prevent the cremation by the woman's relatives also kindly take her son to the office. Going to court will cause unnecessary delay as such it's advisable to approach the district magistrate/commissioner.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

This right is not governed by legal proposition but conventional rituals/belief and usage, even in Hindu, Muslims, Sikh etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

Yes,the son ahs preferential right of performing the last rights f his mother than other relatives of his mother.

A son is closest relative of the mother and no other relative can come close to this.

So he has got every legal right to retrieve the body for the purpose of performing her last rites.

If he is resisted in doing so he can seek help of local police.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

Please visit the nearest police station did you request to help you in this regard if there is any will left by your wife police will enquire and take immediate decision for cremation if by son

Vimlesh Prasad Mishra
Advocate, Lucknow
6802 Answers
23 Consultations

4.9 on 5.0

Hello,

If the force is being used then the child can file a complaint against them in the police station.

Also he can lodge a complaint against the said people for not performing the last rituals of the said person .

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Report this matter to the Police.

Ask them to intervene.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

File a suit through your nephew and if he is minor through legal guardian to get rights to cremate the body if the divorce happened between parents even then child still he is the son of her mother.

Rahul Sachdeva
Advocate, Moga
8 Answers

4.0 on 5.0

- The right of a son can not be stopped due to divorce of his mother ,specially funeral right.

- Against the wish of deceased, you cannot cremated her.

- You should approach to police or DC for the same.

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

The biological son has full rights to cremate and perform the final rituals to his deceased mother.

Nobody can stop him from performing it.

He can take the help of local or top police of the district for protection and smooth performance of the ceremonies.

If necessary he can approach court also with a urgent private complaint and direction to police for protection and assistance in this regard.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

What if the body is with-held by the apathetic inhuman wife's relatives stating she left a will/ statement in writing that her body should not be cremated at her matrimonial home cemetery where her son / spouse resides and uses force against the child (12 years)?

The will for such purposes cannot be relied upon especially when the son is claiming his rights to perform last rites of his deceased mother.

You may advise him to follow the proper legal steps through police or court for relief and remedy.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Her last wish can be fulfilled there is no issue. If the said institution or other authorities are against the same or creating hindrance you can approach the court and take immediate relief in this case

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

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