Wife accused of mental harassment
The petitioner was married on March 16, 2003. After marriage, he has now made a strange claim in the court about his wife. In which he said that his wife was suffering from tuberculosis. The husband further claimed that the wife was eccentric, hot-tempered and stubborn. Because of which she often did not behave properly with her family members. The husband claimed that there were frequent quarrels between him and his wife due to which he was mentally tortured.
Husband accused of being HIV positive
The man accused of being HIV positive by the husband told the court that in December 2004 his wife was admitted to the hospital due to ‘herpes’. During treatment, his HIV test turned out to be positive. Thereafter, in February 2005, the wife allegedly left the house. The man told the court that when his wife recovered, he took her back to her in-laws’ house. But he was mentally stressed due to the return of his wife. So he asked his wife to go back to her parents’ house.
decided to end the marriage
The man told that after two months his wife became ill again. The man claimed that a doctor told him that his wife was still suffering from HIV. After which he decided to end the marriage forever by taking divorce from his wife.
After the husband’s allegation, the wife denied all the allegations leveled against her in the court. He said that his HIV test had not come back positive. Despite this, the husband is telling her that he is HIV positive. Due to her husband’s rumours, she suffered mental pain and her social life was also ruined. In the case, the woman has filed a petition under the Domestic Violence Act seeking damages of Rs 5 lakh and accommodation of a 1-BHK flat in Pune.
Court dismisses husband’s plea
Hearing the petition in the Bombay High Court, a division bench of Justices Nitin Jamdar and Sharmila Deshmukh observed that the husband had failed to give details of any specific incident that happened to him. On the issue of HIV report, the bench perused the medical report and the statement of the doctor before the Pune family court. From which it was clear that the woman was not suffering from HIV. In such a situation, the court dismissed the petition saying that it cannot be allowed to take advantage of its mistakes.