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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
GREENY TOMY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. dispute over deceased mother's body donation by some heirs without others' consent. (Para 2 , 3 , 4) |
| 2. hearing arguments from petitioners and respondents on body custody. (Para 6 , 7) |
| 3. section 4a(1) validates written or oral prior consent for body donation. (Para 8 , 9) |
| 4. undisputed written consent by deceased overrides heirs' objections; petition dismissed. (Para 10 , 11) |
JUDGMENT
Petitioners seek release of the body of their mother, which was apparently handed over by some of the legal heirs to the Medical College Hospital, for anatomical and other educational purposes.
2. Petitioners' mother Smt. Mary, wife of the late Sri. John, died on
23.02.2026. Petitioners allege that respondents 5 to 7, who are also some of the other legal heirs of the deceased, donated the body of their mother to the Government Medical College Hospital, Kalmassery, for medical purposes without their consent. Acting upon the objection of the petitioners, it is alleged that the Medical College Hospital received the body and shifted it to the mortuary, where it is kept for the last two months. According to the petitioners, immediately upon becoming aware about the manner in which the body of
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