My husband is HIV positive. I want to get the divorce and alimony.

612 votes

yes we can file divorce case and in the same we can demand an HIV test so that the report comes in front of the court and the case becomes stronger and you will get divorce and alimony easily. for better understanding I request you to connect with us

Advocate Ankit Raj LawRato

883 votes

you need to file the divorce case in respective court, where you demand through your advocate, court will decide, if court will satisfy from you then they will give you decree. if you not have his report then court will ask few questions from you.

Advocate Gyan Prakash LawRato

915 votes

Yes, you can file for divorce and seek alimony even if you do not currently have a medical report confirming your husband's HIV-positive status. Under Indian law, specifically the Hindu Marriage Act, 1955 (Section 13), one of the valid grounds for divorce is if the spouse is suffering from a communicable disease of a serious nature, which includes HIV/AIDS. However, you will need to present evidence in court to support this claim. Since you mentioned that you do not have your husband's medical report, the court may direct him to undergo a medical examination as part of the legal proceedings. You should consult me because I am a lawyer who can help you file a divorce petition on appropriate grounds—such as cruelty (if knowingly hiding his medical condition or endangering your health), or on the ground of a serious communicable disease once confirmed. You can also file for maintenance/alimony under Section 24 and 25 of the Hindu Marriage Act or under Section 125 of the Criminal Procedure Code (CrPC), depending on your situation. It is important to ensure that your case is presented respectfully and sensitively, considering the social stigma around HIV. The court will consider all facts, including the health risk, your financial status, and your husband's conduct while deciding on divorce and alimony. In summary, while you can start the divorce process, getting appropriate legal advice and following due procedure—including obtaining proof or a medical directive from the court—will be essential for a successful outcome.

Advocate Shivam Kumar LawRato

884 votes

yes you can file a divorce case but you have to get his report from somewhere as you have to support your contentions. Obviously this HIV is a plea of divorce but for that you have to get your husband's report

Advocate Rajat Singh LawRato