NEW DELHI, Nov 2, 2007 (AFP) – An Indian court has granted a man permission to divorce his HIV-positive wife on the grounds that he could no longer enjoy sex with her, a report said Friday.
Judge Rajnish Bhatnagar found in favour of the unnamed husband noting that “marriage without sex is anathema,” the Hindustan Times said.
“The disease being sexually communicable, the petitioner cannot be reasonably expected to live with her and lead a happy married life,” Bhatnagar was quoted as saying.
The Delhi district court also held the petitioner’s wife guilty of not disclosing her HIV positive state before marriage.
The Supreme Court ruled in 1998 that people who are HIV-positive must inform future spouses.
The petitioner said he only came to know of his wife’s HIV-positive state a year after their marriage when she had a pre-natal AIDS test in 2001.
Government figures put the number of people in India with HIV-AIDS at between two million and 3.1 million people, while UNAIDS estimates there were 5.7 million cases in 2006.
A 2005 UNAIDS report found a significant number of new infections were among married women who were infected by their husbands.
AIDS activists had