C A MUTHU KRISHNAN Vs. M RAJYALAKSHMI

JUDGEMENT

(1.) This is a strange revision petition wherein the grievance is made that the petitioner, who is suffering from serious cardiac problem, requires immediate operation and that he is unable to undergo operation for the reason that the authorities of the Medwin Hospital, Hyderabad, are insisting for the consent of his wife, with whom the relations are strained and proceedings for divorce are pending in O.P. No. 388 of 1996 on the file of Family Court at Secunderabad. It is so transpired that in an interlocutory application filed in the said O.P. No. 388 of 1996, the respondent-wife has filed her counter-affidavit, in which, she has expressed in unambiguous terms that she has no objection for the petitioner undergoing heart bypass surgery. This consent is deemed sufficient for the purpose of any formalities required to be complied at the hospital.

(2.) We, therefore, hold that the petitioner is entitled to be operated upon for short heart bypass surgery deeming that there is a consent by his wife; and the Superintendent or any other person, who is managing the said Medwin hospital, as the case may be, shall facilitate the petitioner to undergo the required operation. We make it clear that the Medwin Hospital shall not be entitled to insist upon the personal presence of the wife of the petitioner or any other person.

(3.) With the above observations, the civil revision petition is disposed of. No costs.Order accordingly.