The chancellor refused a faculty for the exhumation of the cremated remains of the petitioner's husband in circumstances where she intended to either retain the ashes in her home or bury them in her garden. The petitioner relied upon a breakdown in the pastoral relationship between herself and the vicar, which meant that she found it distressing to visit the grave. The chancellor indicated that he might, reluctantly, have been prepared to treat the pastoral breakdown as evidence of the exceptional circumstances that would permit the exhumation, but was not prepared to do so where those ashes were not to be re-interred in consecrated ground or at least in a local authority cemetery. To do so would be to remove the remains from the protection of the court and the presumption of permanence of Christian burial into a situation where they were not. This would be to undermine the permanence of Christian burial, which the court was required to protect. [RA]
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