Calcutta HC big decision 'Only widow has right to husband’s...'

Jan 22 2021 03:59 PM
Calcutta HC big decision 'Only widow has right to husband’s...'

Kolkata: The Calcutta High Court refused to hear a plea filed by a man seeking the right to take his dead son's protected semen, saying that only the deceased's wife had the right to take his semen. Let me tell you that a father had demanded to take the protected semen of his married son, which has been dismissed by the court. It may be noted that the deceased had thalassemia and was married, so the court has said that it is only the right of his wife.

Justice Sabyasachi Bhattacharya on January 19 rejected the plea, saying the petitioner has no fundamental right to acquire his son's protected semen only on the ground that he has a father-son relationship with the deceased. The petitioner's lawyer has said that his son's widow should be asked to give a NOC in the case or, at least, respond to his insistence. But the court has dismissed the plea.

The court said that the semen of the deceased has been kept in a hospital in Delhi. Since he was married till death, only his wife has the right to take her semen. The court said that as far as directing his wife to answer the petitioner's question is concerned, the matter is outside the purview of the court's writ, as he is not to be involved in any violation of one's fundamental or legal right.

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