The Bombay High Court has refused to grant the divorce of a 44-year-old man from Pune who falsely claimed his wife was HIV positive, causing him mental anguish.
A division court of Justices Nitin Jamdar and Sharmila Deshmukh, in its November 16 order, rejected the man’s appeal filed in 2011, challenging an order issued by a family court in Pune the same year rejecting his petition for divorce.
The man has not provided any evidence that his wife had tested positive for HIV, causing him mental anguish, the Supreme Court said, adding that his prayer for permission for divorce on the grounds of an irretrievable breakdown of the marriage is likely to be rejected outright.
The couple got married in March 2003 and the man claimed that his wife was of an erratic nature, stubborn, hot-tempered and did not behave properly towards him or his relatives.
She also suffered from tuberculosis and later herpes, the man further claimed.
According to his plea, a later test performed on his wife in 2005 revealed that she was HIV positive.
The man then filed for divorce.
However, the woman refuted the claims, saying that her HIV test came back negative, yet her husband spread rumors about it among her relatives, causing her mental anguish.
The court said in its order that the man failed to produce his wife’s medical report showing she was HIV positive.
“Not a shred of evidence has been provided by the petitioner’s husband that the respondent’s wife had tested positive for HIV, causing him mental anguish or that the wife treated him cruelly,” the Supreme Court said.
“Despite the medical report stating that the test result had HIV DNA ‘undetected’, the petitioner has refused to live with the respondent and has defamed the respondent in society by informing relatives and friends that the respondent has tested positive, it said.
Therefore, the husband’s request for divorce on the grounds of permanent breakdown of the marriage is at risk of being rejected outright, the court said in its order.
(This story has not been edited by NewsMadura staff and is auto-generated from a syndicated feed.)
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