FIR filed against HIV positive man for hiding infection from wife

An FIR has been filed against 26-year old BMC employee and his family by his wife after she was caught unaware that her husband was HIV infected before marriage due to which she too got infected. Meanwhile, she alleged that her in-laws had been taunting her for her inability to cook and do household work. The accused were booked under section 269 (negligent act likely to spread infection of disease dangerous to life) 270(maligant act likely to spread infection of disease dangerous to life), 323 (punishment for voluntarily causing hurt,) 406 (punishment for criminal breach of trust), 420 (cheating and dishonestly inducing delivery of property and 498A (husband or relative of husband of a woman subjecting her to cruelty) of IPC. 

Investigating officer, Anil Devale said, "The couple married in May 2017 after that she suspected his frequent ill-health and saw him taking medicines daily, he claimed that he was diagnosed with TB, and would recover soon." The woman also alleged that her sister-in-law and an aunt would often abuse her." In December 2017, her husband was hospitalized due to fever, when her in-laws did not allow her to speak to the doctor treating him she got suspicious. After discharge from hospital, she insisted on revealing the truth, when he disclosed that he was HIV positive before marriage and was undergoing treatment. He then requested her not to reveal it to her family.

The woman later fell sick and was hospitalized, but he refused to show her medical reports. A quarrel ensured and after discharge she went to her maternal house in Kamothe. Meanwhile, when she told her parents about his infection, they got her tests done which showed a positive result. It was confirmed by another hospital the parents have now sought legal advice and have approached Panvel JMFC. The police however has not yet arrested the accused as they had to confirm if he was infected before marriage.