MANDEEP KAUR Vs. DHARMINDER SINGH

JUDGEMENT

(1.) BY way of this appeal, Man -deep Kaur -appellant (hereinafter to be referred as "the appellant") assailed the judgment and decree dated 07.03.2009 passed by learned Additional District Judge (Adhoc) Fast Track Court, Jalandhar, allowing the petition in H.M.A. case No. 100 dated 30.09.2005 under Section 13 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") filed by her husband Dharminder Singh -petitioner - respondent. The relevant facts extracted from the record are as under : - -

(2.) IT was further pleaded by Shri Dharminder Singh that in the month of September, 2004, a suspicion arose in his mind that his wife Man -deep Kaur was suffering from some serious disease. He tried to enquire about her health but her family did not disclose anything to him. On 20.09.2005, he was able to lay hand on some medical reports of Mandeep Kaur and to his surprise he came to know that she was suffering from HIV virus. She had undergone a test for the virus in Guru Tej Rasila Hospital, Dera Baba Teja Singh Trust Regd. VPO Saidpur, District Amritsar on 07.09.2004. The report of the said hospital confirmed that she was suffering from HIV positive. Again she got conducted test by Dr. Karamjit Singh Gill, Pathologist (M.D.) in Nijjar Lab and Diagnostic Centre, 51/1, Court Road, Opposite Church, near G.P.O., Amritsar and as per his report also she was HIV positive patient. Same was the report given by the doctor of Bhandari Hospital, Majitha Road, Amritsar.

(3.) ON the pleadings of the parties, following issues were framed : - -