Civil Procedure Code (CPC)

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Name of the Case

Anuj Sharma v. Union of India

Background Facts

  • Sanjeev Kumar, an Indian migrant, passed away in Saudi Arabia due to cardiac arrest on 24 January 2021.
  • The death certificate of the man was certified by the hospital but the official translator of the Indian Consulate wrongly translated and stated the man to be a Muslim.
  • The body of the man was buried in the country according to Muslim Religious rites.
  • The wife of the deceased moved to the Delhi High Court requesting the Ministry of External Affairs to transport the mortal remains of her husband to conduct the last rites according to the man’s religion.

Proceedings

  • The translating agency of the Indian Consulate rendered a letter of apology for their mistake as neither the wife nor any of the family members had given the permission for burial in the Country.
  • The wife gave the power of attorney to the Indian Consulate to initiate the proceedings in Saudi Arabia, according to the laws.
  • The coordinates of the grave have been identified and constant efforts are being made to get the remains to the family.

Court Order

  • Dr. Farukh Khan was appointed by the Court as Amicus Curiae for both the counsels to consult for any assistance required.
  • Dr. Farukh may make suggestions as to what steps need to be taken to bring the remains of the man back to India.
  • The matter has been listed for hearing on 29 April 2021 and the payment by the employer has to be sent to the wife within 3 days.

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SUSHREE SAHU Online
21 April 2021    9  Report



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