A.K. Sikri, J.

Sh. O.V. Vijayan, a prolific literary writer and political cartoonist, attained great heights and acclaim in his lifetime. He wrote in his native language, Malayalam as well as in English. Following are some of his works which attained immense recognition and erudite critique:

(a) The Legend of Khasak (1969)

(b) The Saga of Dharmapuri (1985)

(c) The Eternity of Grace (1987)

(d) The Madhuram Gayathi (1990)

(e) The Way of the Prophet (1992)

(f) The Generations (1997).

2. Apart from the aforesaid books, his literary works are also manifested in the form of short stories, political essays and other like collections. His cartoons, likewise, attained national and international fame in terms of acceptance and popularity which were regularly published in leading dailies/publications like Shankar's Weekly, The Patriot, The Hindu, The Statesman, The Far Eastern Economic Review and The New York Times. His works were given due recognition in the form of various national/regional awards/prizes conferred upon him. He was awarded the Padma' Bhushan Award, second highest civilian honour by the Government of India. Other awards won by him include The Ezhuthachchan Puraskaram Award, The Odakkuzhai Award, The Kerala Sahitya Academy Award, The Central Academy Award, The Vayelar Award and the Muttathu Varkey Award.

3. Everybody has to die one day. Mr. Vijayan also died on 30th March, 2005. You can have money piled to the ceiling but the size of your funeral is still going to depend on the weather. In the case of Mr. Vijayan, because of his celebrity status, it depended on many other factors.

4. It's no wonder then that when Sh.O.V.Vijayan (hereinafter referred to as 'Vijayan') died on 30th March, 2005 at the age of 75 years, that the Chief Minister of Kerala and other dignitaries from that State wanted a State funeral for him which was a form of expression of sentiments of the people of Kerala. His wife and son (who are plaintiffs in this suit) agreed to this request of the State and the mortal remains of Vijayan were given a State funeral. His body was cremated with all the honours which are expected of a State cremation.

5. The person who achieved such milestones and was shown such a respect even after his death by the State, his lastremains, namely, the ashes have become a subject of controversy for which present suit is filed by his wife and son. When human beings die, their bodies start to decompose. For this reason, they have to be disposed of after death. Animals don't make a fuss of this fact; they go off and die. Humans, believing they are better than animals, invent religions. They have their beliefs. They have their philosophies. Disposal of human corpses and treatment of mortal remains are aspects of human life that reach from the depths of individual psychology through the necessities of law and community life into the explanatory realms of philosophy and religion.

6. The fight over the ashes of Vijay an has turned out to be more fierce than the struggle for "Ashes" in cricket matches played between England and Australia. The present controversy is one of its kind and probably the first of its kind being litigated before a Court of Law. Unfortunate consequence is that though Vijayan was cremated almost a year ago part of the ashes are still not disposed of and there is a dispute between the plaintiffs and the defendant as to who has right over those ashes and in what manner the ashes need to be disposed of. The plaintiff No.2 and Vijayan married in the year 1965 at New Delhi under the Special Marriage Act. The plaintiff No. 1 is the only son born out of the said wedlock. The plaintiff No. 2 was a teacher with the Department of Philosophy at Daulat Ram College, University of Delhi, where she taught from 1963 till 1991 and retired as a Professor in that -year. She claims to be a noted scholar who has attained widespread recognition for her Vedanta and Christian theological and other writings. The plaintiff No.1 is an en