AIDS can be a ground for divorce, Court says

AIDS can be a ground for divorce, Court says
http://mangalorean.com/news.php?newstype=local&newsid=57114

NEW DELHI Nov 2: Marriage without sex is 'anathema' and an AIDS affliction in a life partner could be a valid ground to grant divorce to the spouse seeking it, a local court has held.

Observing that a person cannot live 'happily' with a HIV positive spouse, the court granted divorce to a man from his wife suffering from the dreaded disese saying her ailment had prevented him from leading a 'happy married life'.

"The disease being sexually communicable, therefore, the petitioner(husband) cannot be reasonably expected to live with the respondent (wife) and lead a happy married life," Additional District Judge Rajnish Bhatnagar said while passing the judgement in favour of the husband who had sought divorce.

The Court further said that sex was an integral part of marriage and the husband was deprived of that enjoyment as the wife was suffering with the communicable disease.

"The HIV status of the wife no doubt resulted in non enjoyment of sexual intercourse between the parties and marriage without sex is anathema," the court said.

In this case the couple belonging to Kerala got married seven years ago in October 2000 and moved to the national capital.

Five months after their marriage the wife was found HIV positive in a medical test conducted during her pregnancy.

The husband, however, was found HIV negative when he underwent the test.
PTI