Vipanchika death: Family moves Kerala High Court for diplomatic engagement with UAE to ensure fair probe

The family of a Vipanchika Maniyan, a woman who was recently found dead in Sharjah in the United Arab Emirates (UAE) alongside her lifeless toddler, have approached the Kerala High Court seeking directions to ensure an impartial investigation into their suspicious deaths. [Sheela S v. Union of India & Ors.]

The petitioner, Vipanchika's aunt, has sought orders from the Court to the Central government to engage diplomatically with the UAE authorities to secure a comprehensive investigation report and ensure proper post-mortem examinations.

She has also sought orders to ensure that the mortal remains of Vipanchika and her daughter are brought back to India at the earliest.

The matter was mentioned today before a Bench comprising Justice N Nagaresh who raised reservations about the petitioner's prayers.

"When the husband is alive and the legal claimant, why should this Court interfere? It is not just about religious rites, but also about bodily rights, as of now he holds that right," the judge remarked.

The petitioner's counsel, Advocate AV Indira, submitted that she was only seeking the return of the mortal remains to India. The judge, in turn, said that he would like to hear what Vipanchika's husband may have to say.

"What are you going to do with the body? Implead the husband. I want to hear from the Embassy whether this is within their competence. I have to hear the husband," he said.

Meanwhile, Advocate Indira also raised concerns that the dead bodies may be lying unattended in the UAE.

"It is in the mortuary, in a hospital. This case is liable to be dismissed right now, in fact, for non-impleadment of necessary party (Vipanjika's husband)," the Court replied.

However, it eventually agreed to hear the matter tomorrow, after instructing the petitioner to implead Vipanjika's husband as a party to the case.

Vipanjika was found hanging alongside her one-year-old daughter Vaibhavi at their Sharjah residence on July 8.

According to reports, a Facebook post from her account that was scheduled to be uploaded after their deaths levelled serious allegations of dowry harassment and cruelty against Vipanjika's husband and in-laws.

The petition before the High Court was moved by Vipanchika's maternal aunt, contending that the possibility of murder or abetment to suicide ought not be ignored in the case.

"The alleged death of the one-year-old child Vaibhavi by hanging is wholly unnatural, cruel, and highly improbable under ordinary circumstances. The petitioner and the family believe that the mother would not have taken such a step unless under extreme duress, coercion, or physical force, or that the death was staged or perpetrated by external forces", the petition stated.

According to the aunt, Vipanchika had informed her family members that she was being subjected to persistent mental harassment, emotional abuse, and threats by her husband and in-laws.

It is alleged in the petition that just four days before the deaths, Vipanchika had told her family that 40 sovereigns of gold jewellery were taken away from her by her in-laws. On July 6 and 7, Vipanchika made calls to her mother in an emotionally distressed and panicked state, the petition stated.

The aunt submitted that she is filing this petition at the instance of Vipanchika's mother, who travelled to Sharjah immediately after being notified of the incident.

According to the petition, there has been no transparency from UAE authorities on the progress of the investigation in the case, and the family has not received any postmortem reports, medical records, forensic data, or preliminary investigation details. It is also alleged that photos and videos shared by Vipanchika on social media, which showed signs of injury and abuse, were deleted after the death.

"This complete lack of access has led to a legitimate apprehension that critical evidence may be tampered with, destroyed, or concealed," the petition stated.

Vipanchika's brother has approached the Dubai Police with the allegations as well, but there has been no response from the authorities, the petition claimed.

A first information report (FIR) has been registered in India as well at Kundara Police Station against Vipanchika's husband Nitheesh V Mohan, his father Mohanan, and his sister Neethu Berny.

The petitioner before the High Court is being represented by advocates AV Indira, Anandhu Satheesh, and Sreedevi S.