THE HON'BLE Dr. JUSTI CE SHAMEEM AKTHER AND THE HON’BLE SMT. JUSTI CE JUVVADI SRI DEVI FAMI LY COURT APPEAL No.300 of 2009 JUDGMENT: (Per Hon’ble Dr.Justice Shameem Akther)

This Family Court Appeal, under Section 19(1) of the Family Courts Act, 1984, is filed by the appellant/husband, aggrieved by the order dated 28.08.2009 passed in O.P.No.356 of 2008 by the learned Judge, Family Court, at Secunderabad, wherein the subject O.P filed by the respondent/wife under Section 13(1)(ia) r/w Section 25 of Hindu Marriage Act, was allowed dissolving the marriage held between the respondent/ wife and the appellant/husband on 02.05.2002 and the appellant/husband was directed to pay Rs.1,50,000/- to the respondent/wife towards permanent alimony.

2. Heard the learned counsel for the appellant/husband, the learned counsel for the respondent/wife and perused the record. 3. The learned counsel for the appellant/husband would contend that there is no evidence to substantiate that appellant/ husband is a womanizer and he was addicted to vices and beat the respondent/wife and children. It is further contended that the Court below ought not have granted divorce on the ground that the appellant/husband was suffering with HIV positive. Furthermore, without there being proper assessment of income, the Court below erroneously granted permanent alimony of Rs.1,50,000/- to the respondent/wife and ultimately prayed to allow the appeal and set aside the impugned order dated

28.08.2009 passed by the Court below.

4. On the other hand, the learned counsel for the respondent/wife would contend that in fact, the plot was sold for Rs.12,00,000/- but the appellant/husband had shown only Rs.4,00,000/-. Further, grant of Rs.1,50,000/- towards permanent alimony to the respondent/wife is very meager. The Court below is justified in granting divorce between the appellant/husband and respondent/wife. There are no circumstances to interfere with the impugned order and ultimately prayed to dismiss the appeal.

5. In view of the above submissions made by both sides, the point for determination in this appeal is:

“Whether the impugned order dated 28.08.2009 passed in O.P.No.356 of 2008 by the learned Judge, Family Court, Secunderabad, is liable to be set aside?”

6. POI NT: As seen from the material placed on record, the Court below while dealing with the subject O.P.No.356 of 2008 observed that under Section 13(1)(b)(v) of Hindu Marriage Act, any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has been suffering from venereal disease in a communicable form. There is Ex.A.5- medical report to show that the appellant/husband has been suffering from HIV positive. The appellant/husband also admitted that he is suffering from HIV positive and he got infected while donating blood. Admittedly, HIV positive is a communicable disease and there were chances of wife and children getting infected with the said disease. Therefore, the Court below rightly granted divorce between the appellant/ husband and the respondent/wife on the said ground, which cannot be faulted.

7. Furthermore, the respondent/wife did not prefer any appeal against the grant of permanent alimony of Rs.1,50,000/- by the Court below. The Court below having examined the evidence on record and taking the market value of the plot admeasuring 200 sq.yards, granted permanent alimony of Rs.1,50,000/- to the respondent/wife, which is just and reasonable. There are no circumstances to interfere with the impugned order dated 28.08.2009 passed in O.P.No.356 of 2008 by the Court below. This appeal is devoid of merits and is liable to be dismissed.

8. In the result, this Family Court Appeal is dismissed. No costs.

Miscellaneous petitions, pending if any, in this appeal, shall stand closed.

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Dr. SHAMEEM AKTHER, J ____________________

JUVVADI SRI DEVI , J Date: