• HIV marriage

Hello sir/madam 
 i need advice against my case, 
In feb 2016 i found that i am hiv positive, but before that my marriage was fixed. after knowing that i am hiv postive i gone in depression and feel very diffrent from society. and i stop meeting talking with peoples after that and felt very depressed, 
my marriage time coming close, in fear of discrimination i does not disclosed my hiv status to any budy even to family. in fear of society and family discrimation i got married in dec 2016
after married i did not make any physical contact with girl in fear of spreading desease even i am on antiretoviral mediicne 
This created problem in my married life to not making physical contact with her and she told her family about that 
after 4 months(april 2017) my wife somehow found that i am taking medicine and told her family about thats why he make distance from me 
now her family members planing to file a police case on me 
please suggest something, i really not intended to infect her and thats why i did not make any physical relation with her in fear of that,
i know that that my mistake but recently i found that i am positive thats why i unable to decide what to do and not , please advice me and any good layer can take my case ...
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

you have married the girl by suppression of material facts

2) you have committed fraud upon your wife by not disclosing your HIV status

3) your wife can file for anullment of marriage on grounds of fraud

4) in addition file case against you under section 420 of IPC for cheating

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1,When you knew that you had this disease you committed mistake by marrying this person.

2.Now When you have committed this mistake you can not escape the liability.

3.If They file criminal cases you may be n big trouble.

4.Hence seek their forgiveness and dissolve the marriage on the ground of nullity ( non consummation of marriage) as for mutual consent though for which you need to wait till . December,2017

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

The police may not entertain any cheating case agaisnt you, she has relief only through court for having suppressed the fact material to marriage, hence he can file a petition to annul the marriage.

If she files on, you may cooperate with her and help her get the relief of annulling the marriage which will be food for both you and her.

Moreover since you did not have any physical relationship with her, you may disclose this fact to ther at least now and distance yourself from her so that let at least her life is not spoiled or ruined.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

It is in your interest to settle with your wife and pay amount claimed by her

2) n case wife files case of cheating you would be convicted as you suppressed facts about your HIV status

3) further court would annull your marriage on grounds of fraud

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

You do not have to give money more than your capacity.

If they demand more than your ability, you may refuse the same and inform them to go ahead with any type of legal action.

You can obtain AB in the dowry harassment complaint and challenge the same in the trial court properly.

They cannot file a cheating case for suppressing the fact of your disease while marrying her, it is a civil nature, she has remedy in divorce or annulment. She can approach court for that.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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