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Author Topic: I am newly married (12 months) and my spouse was just diagnosed as HIV positive.  (Read 1215 times)

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Offline prancinghog

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The doctor asked me to get tested and I was diagnosed negative. We did not have the test before getting married and now I do not know what my options are.

I want to file for a divorce but I am not sure of the timelines involved.
How should I proceed from this situation? What are the choices I have if I wanted to prove that my spouse might have had the infection before we got married? Is this a valid case for the court? I am really confused and clueless about how to proceed.

Please advice.

Offline advswagata

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Suffering from chronic diseases is a ground for divorce, which you can file at anytime.

If your partner does not contest it you will be granted divorce quickly.

But he has to appear before the court to state that he will not contest and agrees with the divorce.

Offline advjaibansal

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Dear Ma'am,

without wasting time, please file divorce on the grounds that your husband is HIV positive. I hope he became HIV positive post divorce as marriage must have been consummated there after and you are saying that its negative in your case.

There are cases laws, where courts have granted divorce in the cases of HIV positive as its communicable and not curable. There is specific grounds for divorce.

jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Immediately File a divorce for venerable disease and it is very clear case but medical test is required to done

Amarnath Sanyal
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Mob - 09830303322


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