AIR 2016 PUNJAB AND HARYANA 20 ::(2016) 1 MarriLJ 241 ::(2016) 1 HinduLR 335 ::(2016) 1 CivilCourtC 27 ::(2015) 4 RecCivR 1021 ::(2016) 2 AllMR 7 (P&H) ::(2016) 1 DMC 785 ::(2016) 1 Pun LR 20

Punjab And Haryana High Court

Hon'ble Judge(s): K. Kannan , J

Hindu Marriage Act (25 of 1955) , S.13— Divorce - Wife suffering from sexually transmitted disease - Is no ground for divorce. Every communicable disease does not afford a spouse a ground for divorce under the scheme of the Hindu Marriage Act. Section 13 provides for certain forms of illnesses in a spouse as affording a ground for divorce which include under Clause (iv) where the person has been suffering from a virulent and incurable form of leprosy and clause (v) states that a person has been suffering from venereal disease in communicable form. Both could be illnesses which could be transmitted by sexual access. These are the only two instances of illnesses, apart from mental illness, which afford a ground for a spouse to seek for divorce. A person suffering from Hepatitis B which could be communicated by sexual access is not a ground which is available under Section 13. Perhaps it is for the Parliament to look into the issue of whether any illness in communicable form could afford ground for divorce. So long as legislation does not provide for such a course, @page-PunjHar21 it is not possible for allowing for the husband to make out a case for examination of the wife to assess whether she is suffering from Hepatitis B or not.(Para 3) .....