HYDERABAD: In a significant ruling, Justice K Sarath of the Telangana High Court on Monday directed a private hospital not to insist on spousal consent for an organ transplant procedure, clearing the way for a woman to donate a portion of her liver to her ailing father.
The court was hearing a writ petition filed by the woman, who expressed her willingness to donate part of her liver. However, the hospital had refused to proceed without prior consent from her husband, despite the couple being estranged. The petitioner argued that her husband was deliberately withholding consent due to ongoing marital discord, putting her father’s life at risk.
Senior counsel Prabhaker Sripada, appearing for the petitioner, argued that there was no legal requirement under the Transplantation of Human Organs and Tissues Act to obtain spousal consent for such a donation. He contended that the hospital’s insistence was arbitrary and lacked legal backing.
Justice Sarath agreed with the petitioner’s arguments and issued an interim order suspending the hospital’s demand for the husband’s consent.