HIV ground for divorce: Court

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NEW DELHI: Observing that marriage was " anathema " without sex, a local court

has held that a person whose spouse is found to be HIV positive is justified in

seeking a divorce.

Delivering the judgment, which is bound to kick up a controversy, additional

district judge Rajnish Bhatnagar said that a person cannot live " happily " with a

spouse who has AIDS or is HIV positive.

The judge thus granted divorce to a man whose wife is HIV positive, saying her

ailment had prevented him from leading a " happy married life " as the disease is

sexually communicable.

The court added that sex was an integral part of marriage and in this particular

case, the husband was deprived of that enjoyment. " 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.

The couple from Kerala had married in October 2000 and moved to the capital.

Five months after their marriage, the wife was found to be HIV positive in a

medical test conducted during her pregnancy. Tests showed the husband hadn't

contracted the dreaded virus.

AIDS activists termed the decision to seek divorce as a matter of personal

choice but expressed dismay over the negative impact the judgment would have on

society's perceptions of HIV positive people.

Said Dushyant Meher, AIDS programme coordinator of Salaam Balak Trust, " This is

a conflict between the rights of an HIVpositive person and a healthy person. In

this case, the court has given precedence to the rights of the healthy person. "

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