A WIDOW has won a court battle to block the wishes of her late husband’s lover to have her cremated remains buried in his grave when she dies.

Two judges have turned down the woman’s plea after the dead man’s wife of more than 40 years and his daughters challenged the request to a church court. 

The battle for grave space went to the Church of England’s Consistory Court which deals with matters relating to consecrated ground and churches.

The court heard how David Bettles, 66, died of cancer in July 2013 and was buried in St Matthew’s Church in Stretton.

He had been married to his wife, Lorna, since 1972 but in 2009 he developed a platonic friendship with Christine Marshall, 58.

This friendship turned intimate in late 2010 and they became engaged in 2011. 

They lived together for the 20 months up until Mr Bettles' death.

It was claimed they had both left long and latterly unhappy marriages and had planned to marry but were unable to do so before Mr Bettles died.

Judge David Turner QC, chancellor of the Diocese of Chester and a judge of the Consistory Court said:

“There can be little doubt that each had found comfort and love in what was, nevertheless, for both an extra-marital relationship.”

In support of her request to be buried with her lover, Mrs Marshall had referred to a conversation she said she had with Mr Bettles in St Matthew’s churchyard.

They both had lifelong links to the church and it is where Mrs Marshall’s parents are buried. 

She said Mr Bettles had expressed a clear wish to be buried there and to have her remains placed with his

when the time came so they could be 'together forever'.

But Mr Bettles' wife along with their daughters Katie Jane Hardy and Jill Morris strongly opposed Mrs Marshall’s wishes as it would cause the family 'untold stress'.

But Mr Bettles' sisters, Joan Burgess and Ann Heeson had written letters of support for Mrs Marshall saying they were convinced 'without a shadow of doubt' that Mr Bettles would have wanted Mrs Marshall’s remains placed with his.

Rejecting Mrs Marshall’s plea – in a decision which he said he knew would cause disappointment and distress – Judge Turner said: “I do not doubt Mrs Marshall's sincerity in petitioning as she does but in my discretion I refuse her petition. 

"I believe to grant it is likely to cause greater distress to more people over a longer period of time and that would not be right.

"It would in my judgment be wrong - in the face of opposition from members of a deceased's natural and marital family - to place pressure upon them to accept without their agreement into a family member's grave the remains of another person, however close that person may have been to the deceased.”

The judge’s decision was also backed by the Chancery Court of York where Mrs Marshall sought permission to appeal.

Judge Charles George QC, who refused permission for an appeal, said there had been no procedural or other irregularities at the Consistory Court hearing.

He added: “I can see nothing which even arguably shows that the Chancellor’s judgment was wrong.”