Resource Logo
CDC HIV/AIDS/Viral Hepatitis/STD/TB Prevention News Update

INDIA: Mumbai High Court: Insisting on Condoms for Sex Can't Be Grounds for Divorce


Xinhua News Agency (05.04.12) - Friday, May 04, 2012

A wife's refusal to have sex with her husband without a condom does not constitute grounds for divorce, the High Court in Mumbai has ruled. In his divorce petition, Pradeep Bapat said his wife refused to have unprotected sex with him, saying she did not want to have children because the couple was not financially stable. A two-judge panel rejected his plea and said his other grounds for legal separation, that his wife lacked cooking and cleaning skills, could not be grounds for divorce. "She wanted to give the child a better life. It is a mutual decision, and a husband cannot insist," Justice P.B. Majmudar said, according to the Times of India. Noting that "a woman is not a slave," the court said couples should get to know each other before marrying, especially in cases of arranged marriages.


Copyright © 2012 -CDC Prevention News Update, Publisher. All rights reserved to Information, Inc., Bethesda, MD. The CDC National Center for HIV, STD and TB Prevention provides the following information as a public service only. Providing synopses of key scientific articles and lay media reports on HIV/AIDS, other sexually transmitted diseases and tuberculosis does not constitute CDC endorsement. This daily update also includes information from CDC and other government agencies, such as background on Morbidity and Mortality Weekly Report (MMWR) articles, fact sheets, press releases and announcements. Reproduction of this text is encouraged; however, copies may not be sold, and the CDC HIV/STD/TB Prevention News Update should be cited as the source of the information. Contact the sources of the articles abstracted below for full texts of the articles.

Information in this article was accurate in May 4, 2012. The state of the art may have changed since the publication date. This material is designed to support, not replace, the relationship that exists between you and your doctor. Always discuss treatment options with a doctor who specializes in treating HIV.