Kerala High Court Orders Reconsideration Of Woman's Request To Donate Kidney To Husband's Friend

Justice N. Nagaresh directed the District Level Committee to reconsider the application within six weeks, granting the petitioners an opportunity to submit fresh evidence.

The case involved Musthafa N.P, a chronic kidney disease patient from Kasargod, and Smitha V.C, from Ernakulam, who volunteered to donate one of her kidneys after her husband, a close friend of the recipient was detected incompatible.

Despite clinical compatibility and multiple certifications attesting to the donor's voluntary intent, the application was rejected twice — first by the District Level Authorisation Committee on December 13, 2024, and then by the State Level Appellate Authority on June 12, 2025 — on grounds of insufficient evidence of interpersonal connection and emotional attachment and possible commercial intent.

The authorities questioned the genuineness of the relationship due to the absence of a government-issued marriage certificate to verify donor's marriage and the omission of the donor's husband's name in the ration card. They also expressed skepticism over the “tenuous” nature of the connection between the donor and recipient.

However, the petitioners produced various supporting documents, including affidavits, identity and nativity certificates, police verification of altruism, and photographs to demonstrate a longstanding family friendship. The Assistant Commissioner of Police, Kunnamkulam certified that the donation was voluntary and free from any undue influence or financial incentive.

In his judgment, Justice Nagaresh held that the rejection was based on "untenable grounds" and that the absence of a marriage certificate or ration card inclusion was not sufficient to discredit the authenticity of the relationship between the donor and her husband. He emphasized that the donor's altruistic motive was supported by police verification and medical fitness assessments from Lakeshore Hospital.

“There is no compelling reason to doubt the husband and wife relationship. Whether the families are physically interacting even now is no ground to disbelieve the element of altruism,” the court noted.

The court remitted the application back to the District Level Authorisation Committee, instructing it to consider the matter afresh and to provide the petitioners a chance to present additional evidence if needed.

Case Title - Musthafa N P and Anr v The State Level Organ Transplantation Authorisation Committee and Ors.

Citation - 2025 LiveLaw (Ker) 481

Case No - WP(C) 25749/ 2025

Counsel for Petitioners - Shiraz Abdulla M S, Vishnu Dev C S, K Abdul Nassar

Counsel for Respondents - K Amminikutty (Sr. GP)

Click Here To Read/ Download Judgment