No Divorce For Man Who Falsely Claimed Wife Is HIV Positive: Bombay High Court

Bombay High Court refused divorce to a person who falsely claimed his spouse was HIV optimistic


The Bombay High Court has refused to grant divorce to a 44-year-old man from Pune who falsely claimed his spouse was HIV optimistic as a result of which he suffered psychological agony.

A division bench of Justices Nitin Jamdar and Sharmila Deshmukh in its order of November 16 dismissed the attraction filed by the person in 2011, difficult an order handed by a household courtroom in Pune the identical 12 months refusing his petition for divorce.

The man has not produced any proof that his spouse had examined optimistic for HIV, which triggered him psychological agony, the excessive courtroom stated, including that his prayer for grant of divorce on the bottom of irretrievable breakdown of marriage is liable to be rejected outright.

The couple bought married in March 2003 and the person claimed his spouse was of whimsical nature, cussed, short-tempered and didn’t behave correctly with him or his relations.

She had additionally suffered from tuberculosis and later with herpes, the person additional claimed.

As per his plea, a take a look at later carried out on his spouse in 2005 revealed she was HIV optimistic.

The man subsequently sought divorce.

The spouse, nevertheless, refuted the claims and stated her HIV take a look at had come out destructive, however nonetheless her husband unfold rumours about this amongst her relations, thus inflicting psychological agony to her.

The excessive courtroom bench in its order stated the person failed to supply the medical report of his spouse displaying she was HIV optimistic.

“There is not an iota of evidence produced by the petitioner husband that the respondent wife had tested positive for HIV, which caused him mental agony or that the wife has treated him with cruelty,” the excessive courtroom stated.

“In spite of the medical report which shows the test result as HIV DNA “not detected”, the petitioner has refused to co-habit with the respondent and defamed the respondent in the society by informing relatives and friends that the respondent has tested positive,” it stated.

Hence, the husband’s prayer for grant of divorce on the bottom of irretrievable breakdown of marriage is liable to be rejected outright, the bench stated in its order.

(This story has not been edited by NDTV employees and is auto-generated from a syndicated feed.)

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