HANS JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner seeks directions for repatriation of the mortal remains of his deceased nephew Sri. Joby Thomas, who allegedly died while living in the United Kingdom.

(2.) Sri. Joby Thomas, died on 6/2/2026 near Cambridge in the United Kingdom. The mother of the deceased is the petitioner's sister. The deceased, though born, brought up and married in Kerala, after his divorce, he went to England and started working there and later acquired UK citizenship in the year 2016. The deceased even married a lady by name Princess Pia Malabanan, who is a Filipino citizen. The petitioner alleges that since February 2026 as there was no contact with Sri. Joby Thomas, enquiries were made which revealed that he is no more. Hence a funeral director was appointed and though steps were initiated to repatriate the body to India, it was realized that a No Objection Certificate was required from the Indian Consulate. On applying to the Embassy of India at UK, they insisted on the production of the Indian Passport or the Overseas Citizen of India Card, both of which were not available. According to the petitioner, the Indian Passport was surrendered on acquiring the British Passport and the deceased had not taken an OCI card as well, though he was eligible to apply for the same. The petitioner asserted that the mother of the deceased and his daughter are all alive in India and hence the mortal remains ought to be brought to India. The e-mail of the wife of the deceased has also been produced, indicating that her late husband desired to come back and settle in Kerala. Petitioner contends that the Indian Consulate at the United Kingdom, refused permission due to the absence of an Overseas Citizens of India (OCI) card. Thus the petitioner has approached this Court seeking directions for repatriation of the mortal remains to India.

(3.) A statement has been filed on behalf of the first respondent pleading that the services relating to issuance of No Objection Certificate (NOC) for transportation of mortal remains is extended to the next of kin of a deceased Indian national who intends to transport the mortal remains from the United Kingdom to India. According to the respondents, the eligibility criteria for repatriation of the mortal remains as can be noticed from Exhibit P12 specifies that, when the deceased is a foreign national, possession and production of a valid OCI/PIO card at the time of death is a mandatory requirement. It was also stated that Mr. Joby Thomas was a British national at the time of his death and did not possess any OCI card so as to fulfil the mandatory requirement prescribed for issuance of the No Objection Certificate (NOC) for transportation of his mortal remains to India. It is further submitted that the deceased had voluntarily renounced his Indian citizenship for the purpose of acquiring British nationality at least ten years ago, in the year 2016, and thereafter did not apply for an OCI/PIO card. This fact clearly indicates that the deceased did not intend to retain any such documentation connecting him to India while residing abroad.