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Woman can divorce HIV positive partner, why can't man?
Posted by Unknown
on
5:49 PM
The Bombay High Court has upheld the judgement of a family court in Mumbai, which had granted divorce to a woman on the grounds that her husband was HIV-positive. Meanwhile, a similar family court in Maharashtra few days back, had rejected a divorce application filed by the husband because his wife was HIV-positive.
In the first case, the couple got married in 1988. The woman said that it was only in 1997 that she found out that her husband was HIV-positive. In 2005, a Mumbai family court granted her divorce on the basis of her husband’s medical status and also because she was mentally and physically harassed by him.
However, in the later case, a man’s plea was turned down by a family court in Pune, which finally ruled that it is his moral duty to be with his HIV-infected wife and take care of her.
The family court judge RV Deshmukh said, “HIV-infected persons need care and love, especially from near and dear ones.”
It is very pertinent to mention here that HIV or human immunodeficiency virus can be transmitted through sexual intercourse with an infected person and thus it is being categorised under the STDs or sexually transmitted diseases or venereal diseases. Studies show that sexual intercourse is the chief reason for the spread of this deadly virus.
Thus, an infected person is an equal threat to his/her partner’s life. But the indifferent behaviour of Maharashtra family courts has become a question to ponder upon. Perhaps, it’s time for India to formulate proper justice cells and laws for people infected with the disease
Original artcile posted at: http://www.merinews.com/catFull.jsp?articleID=154175
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In the first case, the couple got married in 1988. The woman said that it was only in 1997 that she found out that her husband was HIV-positive. In 2005, a Mumbai family court granted her divorce on the basis of her husband’s medical status and also because she was mentally and physically harassed by him.
However, in the later case, a man’s plea was turned down by a family court in Pune, which finally ruled that it is his moral duty to be with his HIV-infected wife and take care of her.
The family court judge RV Deshmukh said, “HIV-infected persons need care and love, especially from near and dear ones.”
It is very pertinent to mention here that HIV or human immunodeficiency virus can be transmitted through sexual intercourse with an infected person and thus it is being categorised under the STDs or sexually transmitted diseases or venereal diseases. Studies show that sexual intercourse is the chief reason for the spread of this deadly virus.
Thus, an infected person is an equal threat to his/her partner’s life. But the indifferent behaviour of Maharashtra family courts has become a question to ponder upon. Perhaps, it’s time for India to formulate proper justice cells and laws for people infected with the disease
Original artcile posted at: http://www.merinews.com/catFull.jsp?articleID=154175
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