A local court in India has granted an application of a husband for divorce based on the ground that his wife is HIV positive. The judgment was handed down district judge Rajnish Bhatnagar, who said marriage without sex is "anathema."

He said in his judgment, "The disease being sexually communicable, the petitioner cannot be reasonably expected to live with her and lead a happy married life."

The court ruled that the wife concealed her HIV status from her husband. The couple was married in 2000 and barely half a year thereafter, the wife tested positive for HIV in a medical examination during her pregnancy.

The wife reportedly had her pregnancy aborted. The decision has incited criticisms from AIDS activists in India.

Dushyant Meher, AIDS program coordinator of Salaam Balak Trust, said, "This is a conflict between the rights of an HIV positive person and a healthy person. In this case, the court has given precedence to the rights of the healthy person."