P RAVIKUMAR Vs. MALARVIZHI

JUDGEMENT

(1.) The husband is the appellant. The appellant filed HMOP No.37 of 2006 on the file of the learned Subordinate Judge, Sankari, for divorce on the ground that the respondent/wife is afflicted with HIV positive, which is in a communicable form and therefore, the marriage between the him and the respondent has to be dissolved.

(2.) The respondent/wife denied that she was afflicted with HIV and further stated that her husband/appellant is a driver and he is going to various places and if at all, she is afflicted with HIV positive, she must have got it only through her husband and the blood sample taken from her cannot reveal that she is afflicted with HIV positive and by practicing fraud, the appellant/husband must have created records in collusion with the Doctor, who is related to her husband and she also came forward to give her blood sample through court to find out whether she is afflicted with HIV positive or not.

(3.) The learned Sub court decreed the petition and held that the certificates produced by the husband, namely Ex.P2 to P4 would prove that the appellant is not having HIV positive and the wife is having HIV positive. Therefore, the wife would not have got that disease from her husband and therefore, the husband has made out a case for divorce.