The petitioner sought permission to relocate the headstone at the grave of her son by a small distance sideways, to align it with what she believed was the centre of the head of his grave. She contended that it was necessary to identify the boundaries around the grave, and to ensure that the grave was not encroached upon by a later interment. The petition was opposed, on grounds including the need for ‘dignity, and creating an orderly environment’ by maintaining the headstone's alignment with others; and because the petitioner had accepted a stipulation relating to the alignment of the headstone when the installation of the stone was authorised under the diocesan churchyard regulations. The parties disagreed as to the precise location of the burial.
The purpose of the headstone was not to mark the boundaries of the grave; and the court would presume in the absence of evidence to the contrary that the statutory requirements relating to the burial register and plan would be complied with. The identified grounds of objection carried significant weight. The petitioner had not discharged the burden on her, and the petition was dismissed. [DW]