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How can I get Divorce if my wife is HIV positive?


28-Oct-2023 (In Divorce Law)

my wife is HIV+ so is her family. she had a relation with her brother in law who is also HIV+. i have filed a case of Divorce since one year in a small district of UP. I want to know the am HIV - . how can i get divorce on this basis.

Answers (2)

Answer #1
597 votes
Since you have already filed for divorce and a year has lapsed, you should talk to your lawyer to arrange for an early hearing in order to fasten the process of getting a divorce.
If you want to know whether you are HIV+ or not, you should consult a doctor and undergo the requisite medical tests. It is advisable to get the test done again in 6 months as at a lot of times, the virus is not recognised while the patient is in the window period.
Answer #2
992 votes
The circumstances that you have described would allow you to set up several grounds for divorce. However, since you have already filed the petition for divorce it would be better to follow up on that case. You could also get divorced by mutual consent if your wife is willing to do so too.

If you need to add additional grounds then you may amend your petition or withdraw the petition and file a fresh one. However, if you re file a fresh petition the process would have to start all over again and the district courts in UP are notorious for proceeding at a snails pace.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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