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Homearrow News and Events Year 2011 Hubby Uses HIV Card Against Wife for Divorce, Pays Dearly

Hubby Uses HIV Card Against Wife for Divorce, Pays Dearly

Times of India
27 April 2011
By Siddharth.Gadkari

NARI official’s deposition helped prove that man was making false allegation to separate from wife, court orders applicant to pay Rs three lakh and provide 1BHK flat to spouse as damages

Hubby Uses HIV Card Against Wife for Divorce, Pays Dearly
Adeposition by an official of the Punebased National AIDS Research Institute (NARI) prevented a man from divorcing his wife using a false allegation. The woman’s husband had applied for a divorce stating that she has contracted an HIV infection.

But the NARI expert’s opinion prompted the court to reject the application. V V Shahapurkar, principal Judge of the family court, ordered the applicant to pay Rs three lakh to the respondent along with residential accommodation of a 1BHK flat in a good locality within the Pune Municipal Corporation (PMC) limit.

Dr Arun Risbud, deputy director of NARI, deposed in front of the bench. According to Risbud, tests for HIV can show false positive reports during chronic diseases such as TB (tuberculosis) and herpes as their symptoms resemble those of HIV. "But in the case of the respondent, the final confirmatory test showed up negative result for HIV. This clearly means that the patient is has not been affected by HIV," Risbud said.

The couple, Neha and Yogesh (names changed to protect identities) tied the knot in 2003. It was a love marriage. Neha works as a professor in a reputed college in the city and Yogesh is a graphics designer. In 2006, Neha contracted a herpes infection. Yogesh admitted her to a private hospital near their home.

The doctor advised her to take the ELISA test to rule out HIV. The result showed ‘positive’ for HIV. But result of the final tests – Western blot and PCR (Polymerase Chain Reaction) – carried out at NARI was negative for HIV.

But Yogesh still filed for divorce in the family court in May 2008 despite the doctors clearing Neha of HIV. He mentioned in the application that he wanted to separate from his wife because she has been afflicted by HIV. The doctors tried to counsel him against this move, but he was adamant.

Finally, Neha filed a case under the Domestic Violence Act, 2005, against Yogesh. In her complaint, she mentioned that Yogesh was harassing her and seeking divorce by falsely alleging that she is suffering from HIV.

The court ruled that Yogesh’s allegation was false and ordered Yogesh to pay Rs three lakh and provide a 1BHK flat to Neha as damages.

Neha’s counsel, advocate Vibhavari Bidwe, said, "Dr Risbud’s deposition played a key role in this decision. Now, Neha is working as usual. She has not taken any decision on carrying on with her marriage as yet."

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