IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Con.Case(C).No. 1200 of 2009(S) ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPCR.208/2009 Dated 02/06/2009 .................... PETITIONER: ------------- MRS. LILLY FRANCIS, AGED 69 YEARS, W/O. LATE FRANCILS, MOZHIPARAMBIL CHEVOOR.P.O CHERUTHURUTHY THRISSUR. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENTS: ----------------- 1. MR. ANGELO CHOWALLUR FRANCIS, AGED 30, S/O. FRANCIS, CHOWALLUR HOUSE, FIVE BAZAR NORTH, ARANATTUKARA, THRISSUR. 2. MR. FRANCIS.C.I. AGED 58 YEARS S/O. LATE C.G. IGNATIOUS, CHOWALLUR HOUSE FIVE BAZAR NORTH, ARANATTUKARA, THRISSUR. BY ADV.SRI.MOHAN JACOB. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A. K. Basheer J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.O.C. No. 1200 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2009. Judgment Bannurmath, CJ: Alleging wilful disobedience of the order dated 2/6/2009, present Contempt Petition is filed. 2. The writ petition is filed by the petitioner herein against the Union of India, Ministry of External Affairs, United Kingdom, the Funeral Director, In Newman Funeral Service, United Kingdom and the present respondents alleging that after the death of petitioner's daughter, the respondents are understandably trying to either cremate or conduct funeral of the dead body without permitting the petitioner to do so as per the customs and as such a direction was sought to bring back the body from the United Kingdom. In the light of the submissions made, a Division Bench of this Court observed thus: “Call on 2.6.2009. The learned counsel for the petitioner submits that the dead body of the daughter of the petitioner is kept in an embalmed condition and there will be no difficulty or inconvenience if the cremation/funeral is directed to be postponed. There will be an interim direction to the respondents to ensure that if it is possible the cremation/funeral shall not take place before the next date of posting” COC.1200/09 : 2 : Thereafter again on 2/6/2009 the matter was taken up and at the instance of the petitioner the Court directed respondent No.1, Union of India, respondent No.5, Principal Secretary to Government, Department of Non-Resident Affairs and respondent No.6 Secretary to Government, High Commission of India to take all necessary steps to help the petitioner to bring the body of her deceased daughter to India. No direction was issued either to respondent No.1 who was a party or to respondent No.2 herein who was not even a party to the proceedings at that time. As no direction has been issued to the respondents herein to do or not to do certain things, the allegations even if true, would not fall within the definition of civil contempt and as such the Contempt Petition is misconceived and the same is rejected. S.R.Bannurmath, Chief Justice A.K. Basheer Judge an.