Widow seeks relief claiming husband hid his HIV+ status

August 18, 2009

17 August 2009 CHENNAI: This is one litigation the Madras high court can hardly

afford to adjourn without causing an irreparable loss to the petitioner.Jayanthi

(name changed) of Elavalapakkam village in Villupuram district is before the

court seeking justice.

Jayanthi's case appears stranger than fiction. Born to illiterate parents in

Villupuram district, she was given in marriage to Rajagopal (name changed) in

February 2000. Her father verified the groom's antecedents and the marriage took

place. Eleven sovereigns of gold jewellery and other household articles were

given to the groom at the time.

According to the petition now filed by Jayanthi, her father was unaware of a

crucial fact her would-be husband had already tested positive for HIV/AIDS and

was taking treatment. She said in her petition that her mother-in-law

Palaniammal (name changed) had deliberately hidden this from her.

Says Jayathi's counsel G Mohana Krishnan: " The situation in Jayanthi's marital

home looked bizarre from day one. Her-in-laws not only allotted the new couple a

separate room but also utensils. No one in the house entered the room, talked to

the couple or touched the dress and other materials used by them. "

Jayanthi realised that something was seriously wrong when she noticed her in

-laws taking her husband to hospital frequently. They ensured that Jayanthi did

not accompany them.

The charade continued till March 2003 when Rajagopal became seriously ill. When

he was referred to a government hospital in Chennai, the family members,

including Jayanthi, were informed by doctors that it was a full-blown case and

that he might not survive beyond a month.

As a matter of routine, they conducted a test on Jayanthi and declared that she

too was HIV positive. A few weeks after her husband died and was cremated,

Jayanti was ex-communicated from the family and, according to her, Palaniammal

even attempted to burn her alive.

She later filed a criminal case against her mother-in-law saying she had ruined

her life. In May 2003, the first Judicial Magistrate in Tindivanam rejected

Jayanthi's case saying she had not furnished any proof to show that Palaniammal

was aware of her son's health condition before the marriage.

Jayanthi is now before the Madras high court seeking justice. Besides opposing

the acquittal of Palaniammal she wants her jewellery and other household

articles to be returned to her. The matter was heard by Justice Rajasurya who

has adjourned it to this week for further hearing.

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