Terming as "absurd" the demand of a man that his estranged wife should undergo HIV test, Bombay High Court today rejected his petition for divorce.
The family court had earlier rejected the husband's petition seeking divorce on the ground of cruelty.
The Christian couple married in 2009, but lived together only for six months, at the end of which the husband filed for divorce.
He suspected that as she was often ill, and ate only at home, she was suffering from HIV. His petition even claimed that he had once seen her taking HIV medication.
The family court said it was for the husband to prove his claims.
Before the High Court, advocate Uday Warunjikar, the husband's lawyer, argued that if the wife underwent HIV test, it would be in her interest, as she can start proper medication if found positive.
The marriage had not been consummated, so divorce should be granted, the petition said.
Justice Roshan Dalvi, however, refused to accept the argument. "It is absurd. You (husband) have made up your mind that you do not want to continue with your wife, then why don't you amicably settle the issue and go for a divorce by mutual consent?" the judge asked, dismissing the husband's petition for divorce.
