Falsely Claiming Wife to be HIV Positive Man Tries to Get Divorce; Bombay HC Thwarts Attempt

Mumbai: Mischievous plans of a 44-year-old man of Pune, who had tried to get divorced by falsely claiming that his wife was HIV positive, was shattered by the verdict of the Bombay High Court.

On November 16, a division bench of the Bombay High Court dismissed the appeal filed by the man in 2011. In this appeal, the said man had challenged the 2011 order of a family court in Pune refuting his petition for divorce.

The man never produced any evidence in court to prove that his wife had tested positive for HIV.

The couple got married in March 2003. The man had always alleged that his wife was whimsical, stubborn, short-tempered, and did not behave properly with him or his family members.

According to him, his wife suffered from tuberculosis, herpes, and in 2005 he had found his wife to be HIV positive.

But his wife refuted his allegations saying her HIV test had come out negative. But her husband spread rumours that she was HIV positive causing immense mental agony for her.

“In spite of the medical report which shows the test result as HIV DNA “not detected”, the petitioner has refused to co-habit with the respondent and defamed the respondent in the society by informing relatives and friends that the respondent has tested positive,” said the bench of Bombay High Court.

So, the court refused to grant divorce to the man.