Short Duration Of Marriage Not Ground To Disallow Organ Donation By Spouse When Case Is Verified On All Legal Parameters.: Punjab & Haryana HC
2 years, 8 months ago

Short Duration Of Marriage Not Ground To Disallow Organ Donation By Spouse When Case Is Verified On All Legal Parameters.: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has held that duration of marriage is not a ground to discard the willingness of one of the spouse, to donate kidney in favour of other spouse, particularly when the case has been verified on all legal parameters. The bench comprising Justice Raj Mohan Singh stated that the duration of marriage is not a ground to discard the willingness of the petitioner to donate her kidney for saving the life of her husband. As far as the authorization committee's rejection of the case is concerned, the court held that it was done on the basis of the short duration of marriage between the petitioner and the recipient but the same is not a ground to discard the willingness of one of the spouses to donate a kidney to the other. Evidently, the duration of marriage is not a ground to discard the willingness of one of the spouse, to donate kidney in favour of other spouse, particularly when the case of the petitioner has been verified on all legal parameters.

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History of this topic

Madhya Pradesh High Court Permits Liver Transplant Despite Objection By Donor's Wife
10 months, 2 weeks ago

Madhya Pradesh High Court Permits Liver Transplant Despite Objection By Donor's Wife

Live Law  

In a pertinent decision, Madhya Pradesh High Court has upheld a man's right to donate a part of his liver tissue to his ailing brother, despite the strong objections recorded by the donor's wife prior to authorisation. “…the objection raised by the respondent No.4 may be based on some apprehension in the contest of societal norms of keeping her Suhag …

Insistence Of Spousal Consent For Organ Donation Would Impinge Upon Wife's Right To Be In Control Of Her Own Body: Delhi High Court
2 years, 6 months ago

Insistence Of Spousal Consent For Organ Donation Would Impinge Upon Wife's Right To Be In Control Of Her Own Body: Delhi High Court

Live Law  

The Delhi High Court has observed that insistence of spousal consent for organ donation would impinge upon the right of the wife to be in control of her own body.Interpreting relevant provisions of Transplantation of Human Organs and Tissues Rules, 2014 as well as Transplantation of Human Organs Act, 1994, Justice Yashwant Varma further added that a spouse cannot be …

Spousal Consent Not Required by Wife to Donate Organ: Delhi High Court
2 years, 6 months ago

Spousal Consent Not Required by Wife to Donate Organ: Delhi High Court

News 18  

The Delhi High Court on Monday said that there is no requirement in law to get a no-objection certificate from the spouse if the wife wished to donate an organ in accordance with the law. Justice Yashwant Varma, while dealing with a petition by a woman who wanted to donate her kidney to her father, stated that the applicable rules …

NOC From Husband Not Required For Wife To Donate Kidney: Madhya Pradesh High Court
2 years, 10 months ago

NOC From Husband Not Required For Wife To Donate Kidney: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh recently held that the rejection of an application, moved by the Petitioner/mother to donate her kidney to her ailing son, by the Respondent/Hospital on the ground of non-issuance of the NOC by her husband was not sustainable. However, unless there was approval by the Authorization Committee, as mandated U/S 9 of the Transplantation of …

'No Rule That Poor People Can't Donate Organs': Kerala High Court Directs Authority To Reconsider Plea For Unrelated Kidney Transplantation
3 years, 2 months ago

'No Rule That Poor People Can't Donate Organs': Kerala High Court Directs Authority To Reconsider Plea For Unrelated Kidney Transplantation

Live Law  

The Kerala High Court recently observed that the poor economic background of a donor is not a bar for organ donation.It thus allowed a petition challenging the order of the District Level Authorization Committee, rejecting the application of a woman for organ donation on the ground inter alia that the donor hails from a poor family.Justice P.V. The Kerala High …

Karnataka HC Sets Aside Condition Requiring Organ Donor To Obtain Consent From Her Estranged Father For Transplant [Read Order]
4 years, 5 months ago

Karnataka HC Sets Aside Condition Requiring Organ Donor To Obtain Consent From Her Estranged Father For Transplant [Read Order]

Live Law  

The Karnataka High Court has set aside a condition imposed on an organ donor by the State Level Authorisation Committee for Organ Transplant, requiring her to furnish the consent of her "estranged father" for the intended kidney transplant. It said, "Having regard to the fact that the petitioner no.1 is stated to be on dialysis for more than three years, …

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