The Bombay high court on Friday rejected a plea filed by a resident who sought to have his estranged wife tested for an HIV infection.
Justice Roshan Dalvi rejected the man's plea and called his argument that their 6-month long marriage remained non-consummated because he suspected his wife to be HIV positive as ‘absurd.’
The couple, who tied the knot four years ago but stayed together only for six months, is fighting a legal battle before Bandra's family court. The husband moved the family court seeking divorce on grounds of cruelty because of the non-consummation of marriage. He had also filed an interim plea seeking direction to his wife to get herself medically examined to check for the deadly virus.
After the family court rejected his plea, he moved the high court.
The husband suspected that his wife could be suffering primarily because she fell ill repeatedly, ate only at home and wore long kurtas. This suspicion caused disputes, which led to their eventual separation. The husband then filed a divorce petition.
The husband had filed an interim plea last year to the same effect. That was turned down by the family court and the husband was asked to prove his claim.
The counsel for the husband, Uday Warunjikar, contested that the test, if conducted, would be in her interest. There is a window period to get treated and cured if the infection is detected, he argued.
Justice Dalvi, however, felt that the husband did not intend to continue the marital relationship and if it was so, he should look forward to an amicable settlement and divorce by mutual consent.
The husband, however, maintained that his suspicion was strong and claimed that he had seen his wife take medicine prescribed for HIV infected persons.