The Calcutta High Court has refused to hear the petition in which a man claimed to have frozen sperm of his deceased son. High Court In his decision, apart from the deceased, only his wife has the right to get sperm (sperm). Justice Sabyasachi Bhattacharyya, while dismissing the petition on 19 January, said, ‘The yachikkatar does not have the fundamental right to keep his son’s protected sperm only on the basis that he is a father-son. The petitioner’s counsel had said that the son’s widow should be instructed for ‘no objections’ in this case and this request should be considered. However, the court rejected the petition.
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The court said that the deceased’s sperm was kept safe in a hospital in Delhi, since he was in a marital relationship at the time of death, so if anyone other than him has the right to the crime, he is his wife. Justice Bhattacharya said, the father-son relationship between the petitioner and the deceased does not give him any right to sin. The High Court also said that as far as the petition of the deceased’s wife is concerned on the petition, the matter is outside the jurisdiction of the court.
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The petitioner had argued that his son was suffering from Thalassemia and kept his sperm in a hospital in Delhi for future use. According to the counsel for the petitioner, after the death of the son, the hospital in Delhi was approached for taking sperm but the hospital told them that for this, permission has to be obtained from the wife of the deceased and proof of marriage has to be produced.
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