Plea Moved By Live-In Partner Before Kerala High Court Seeking Release Of Deceased Partner's Body From Hospital

It is alleged that the hospital was not ready to release the body until the petitioner settled the medical bills. Justice Devan Ramachandran inquired whether the family members of the deceased had been involved in this matter.

According to the petitioner, he was in a live-in relationship with the deceased individual for the past six years. On February 3, the person suffered serious injuries after falling from the flat. 

The Government Pleader submitted that though the body of the deceased is presently in the hospital, the fact remains that the alleged accident which led to his death happened within the ambit of the Kalamassery police station. As such, he submitted that the said authority will also have to be consulted, particularly as to whether there is an FIR registered concerning the death and if any foul play is suspected.

The government pleader further submitted that since the deceased has a family, it is necessary that “their opinion is also obtained by the competent authority before the dead body can be released to anyone, including the petitioner”. He submitted that there also may be other legal issues because the petitioner is not related to the deceased, nor is he legally entitled to receive the body except perhaps under orders of the court.

As such, the Government Pleader sought time to obtain instructions from the Kalamassery police station.

The Court has asked the hospital to file its reply to the claims of the petitioner regarding the release of the body, and in particular “the allegation that they are refusing to do so solely because some medical bills remain unpaid”.

It has further directed the hospital to “take any care necessary with respect to the body and inform this court of their version of the matter by the next posting date”. The court also sought instructions on protocol of release of dead body and asked for the details of the post-mortem report to be made available.

The plea has been moved by Advocates Padma Lakshmi and Haseena T

Case Title: Jebin Joseph v. State of Kerala 

Case Number: WP (C) No. 4636 of 2024