P RAVIKUMAR Vs. MALARVIZHI ALIAS S KOKILA

JUDGEMENT

(1.) THE appellant-husband is the petitioner herein. He filed H.M.O.P.No.37 of 2006 for divorce under section 13(1)(5) of the Hindu Marriage Act.

(2.) THE case of the appellant/petitioner was that he married the respondent and a child was born to them and it was found during the test that the respondent is having AIDS and he apprehends that if he has sexual relationship with his wife, the respondent, he may also get the disease and he is not having AIDS and therefore, filed petition for divorce.

(3.) MR.M.S.Palanisamy, learned counsel for the petitioner submitted that the respondent doubted the blood test taken earlier and suspected foul play and therefore, to get rid of the suspicion, both the parties may be directed to undergo blood test by a Government recognised institution, for HIV and if the petitioner also proves positive to HIV test, the case of the respondent can be considered and the blood test result of the respondent also would prove that no fraud has been practised on her while blood test was taken earlier.