Fight by two wives over body of husband reaches High Court

A fight between two wives of a man over his body has reached the Madras High Court which on Thursday directed police to dispose it of as per procedure for unclaimed bodies if the women fail to reach a compromise in two days.

Justice P N Prakash declined to entertain the petition filed by the first wife staking claim to the body, kept in a mortuary since his death on August 16, for performing the last rites.

Dakshinamoorthy, who had married the two women in different period of time, died while staying with the second wife, a Christian.

The first wife moved the court after the second wife contended he had left a Will as per which he has to be laid to rest in her area of residence here.

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The Judge said the validity of the Will cannot be decided by the court in this petition and the only recourse was probate proceedings.

Unless the wives reach a compromise, the body, kept at the mortuary in the government hospital in Chengalpattu, should be disposed of as per the procedure followed in cases of unclaimed bodies, he added.

“This court had given adequate time to both the parties to reach an agreement over disposing of the body,” the judge said, adding they had not been able to arrive at a settlement.

“If both the parties do not reach a compromise in two days, it is open to the Revenue authorities and the police to dispose of the body in the manner as provided for in the case of disposal of unclaimed bodies,” the judge said.

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The police need not have to keep the body indefinitely in the mortuary since it was intended mainly for storing bodies before and after post-mortem, he said.