A widow does not obtain the right to exhume her husband’s body, she asks the courts to decide

2023-09-27 16:55:22

The City of Besançon (Doubs) refused in 2021 the request for exhumation of a deceased person filed by his widow. She wanted to transfer the remains to Côte-d’Or, to a concession located near her place of residence. This rejection was contested by the woman before the administrative court of Besançon on Tuesday, reports The Republican East.

Case law and last wishes

Killed in 1997, the husband was buried in the Saint-Claude cemetery, because his sister had a vault there. But quickly, the widow, in disagreement with her in-laws, wanted to have the body transferred. She then obtained a first exhumation in 2021 to place the remains in her compound in Besançon. But, after having obtained a concession in Côte-d’Or, she wanted a second exhumation, and the municipality was opposed to it.

At the hearing, Fabienne Guitard, the public rapporteur, justified this refusal, highlighting two case laws stipulating in particular that an exhumation can only be motivated by “serious and serious circumstances”. The widow’s lawyer, Karima Manhouli, highlighted the spouse’s last wishes, focused on his wife and children. The court must give its decision in October.