The Hindu : Court lets HIV-infected woman return to her matrimonial home

Online edition of India's National Newspaper
Thursday, Mar 20, 2003

Southern States

Southern States - Karnataka-Bangalore

Court lets HIV-infected woman return to her matrimonial home

By Rasheed Kappan

BANGALORE March 19. In a significant ruling, a Family Court here has ordered that a woman, who contracted the HIV virus from her husband and was sent away from her matrimonial home after his death, be taken back along with her two minor children. The woman's father-in-law had sent her away from her house after her husband's death.

The First Additional Principal Judge, G.T. Veerabhadrapa, in his interim ruling, directed the defendant "not to disturb the plaintiff and her two minor children when she had access to the matrimonial home.'' The court rejected an interim application from the defendant seeking a direction to the plaintiff to undergo a test for detection of HIV/AIDS. The plaintiff informed the court that she had been tested HIV positive at the Lady Curzon and Bowring Hospital, a government institution.

Rejecting the application, the judge ruled that the plaintiff could not be compelled to undergo a medical test. Besides, a medical test was not necessary to decide the dispute between the parties, he ruled.

In her prayer, the plaintiff said her father-in- law and members of his family members had harassed her physically and mentally, and made her life miserable after her husband's death. She was reportedly sent away from her matrimonial home in June last year.

On June 30 last year, when she went again to her matrimonial home, her brother-in-law reportedly called police and made false charges. She said she was dragged out and beaten.

In an interim application filed under Section 151 C.P.C., the plaintiff said that she and her two minor children be allowed full access to the matrimonial home at any time pending disposal of the suit.

The plaintiff sought an order directing her father-in-law to pay a monthly maintenance of Rs. 5,000.

A final order on the maintenance petition is pending.

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