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The body of Pari Roy (maiden name), in an ice room since November 2, will be handed over to Medical College and Hospital for research as the two branches of her family have failed to resolve who should perform the last rites.
Four months of legal battle over the custody of the body ended on Tuesday, with the division bench of Chief Justice S.S. Nijjar and Justice Jyotirmoy Bhattacharya upholding an earlier order asking a hospital where the corpse is being kept to hand it over for medical research.
“The court cannot ask the hospital to hand over the body to any side because the contestant parties belong to different communities. It is better to hand over the body to a medical college,” the bench observed.
Pari had married Prasad Bakshi in 1961; the couple had two daughters. After Bakshi’s death, she married Howrah resident Zakaria Mallik and became Farida Mallik; they had a daughter.
After Pari, 65, died at Howrah State General Hospital on November 1, her Hindu daughters — Rani and Bandana — wanted to cremate the body, while Zakaria and his daughter demanded that she be buried.
In the face of contesting claims, the hospital told Zakaria that the body would be handed over to him only if he could obtain a court order in his favour.
Following a petition by Zakaria, a single-judge bench of the high court ruled that the body be handed over to a medical college for research.
Both branches of the family challenged the order before the division bench, which dismissed the petition.
After delivering its verdict, the bench of Chief Justice Nijjar and Justice Bhattacharya said: “If the contestant parties have any other demand (for instance, claim to property), they may apply to the trial court.”
When contacted in the evening, the superintendent of the Howrah hospital, Nayan Chandra, said: “We have not received any instruction from the state government yet. The sub-divisional officer is looking into the matter.”
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