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According to police and family members, the woman was in a state of depression after being diagnosed with the virus. She was also much concerned about her child's future. The couple had been married for four years and have a three-year-old daughter.
Investigation Officer KS Balat said, "The incident occurred late on Monday night. Apparently, it was after the deceased was detected HIV positive that she left her husband’s Makarpura residence and began living with her parents at R V Desai Road. She had consumed poison on the road outside her maternal home, wherein somebody alerted her family members about her unconscious state. They first rushed her to a private hospital and thereafter to SSG Hospital, but could not save her. The deceased was a matriculate."
Speaking to Express Newsline, her 28-year-old husband said, "I got married to her in the year 2003. It was a few months back that she was diagnosed HIV positive. Since 10 months back she has been remaining ill and it was then that she was detected with tuberculosis. Despite several tests, her health was not improving.
While the husband and her child continue to be healthy, they had later opted for a consensual divorce, as they were worried about their daughter's health. "I had sent her a divorce summon only through her consent and even then, we were in constant touch with each other," the husband said.
"I was worried about my three-year-old daughter. I had no hassles with my wife, but she was worried about her younger brother's marriage, who is just 23 years old. She was also worried about her disease affecting her family’s image," he added.
AIDS is ground for divorce
According to legal and health activists, being detected HIV positive or with AIDS can be grounds for seeking divorce, provided the partner produces the necessary health certificates under the provisions of Hindu Marriage Act of 1955. Manisha Saloanke, heading the Association of People (AP+) with HIV/AIDS in the city said, "People with HIV/AIDS need proper counselling. Sometimes they are misled and commit suicide when under depression."
Narendra Tiwari, Baroda Bar Association president said, "Except for this particular incident there have been no such incidents where a person has filed for divorce on the grounds that his or her spouse is suffering from venereal diseases in a communicable form under the Hindu Marriage Act of 1955. "A person is required to produce a marriage certificate as well as the medical certificate of his/her spouse in case he/she suspects his/her spouse with venereal disease such as AIDS," he said.


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