What can you do legally, if your partner infects you with any Venereal Disease?

Before moving forward, we should know what are the venereal diseases? Venereal diseases also known as sexually  transmitted  diseases.  A disease that is transmitted by sexual contact caused by the microorganisms present on the skin or transmitted through semen or vagina are known as venereal diseases.

Some examples of Venereal diseases are AIDS, Syphilis, Pubic Lice, Gonorrhea etc. These are very harmful & fatal if left untreated.  In the Indian Judicial History, there have been such cases where a person suffering from any venereal disease, intentionally did not tell his/her partner about it & continued to maintain sexual relations. As a result the other partner  also got infected with the virus. After asking why, we got to know the various reasons about why he did that to his partner :

• He was not happy with his partner.
• He was not compatible, hence due to quarrels.
• He wanted to take revenge of his partner’s misbehavior.

In all the scenarios it was clear that he did it intentionally, to harm his partner which is not acceptable.

Hence, if you have been infected by any venereal disease, you can file a civil lawsuit against the partner who sexually infected you.  There are a number of theories which you can bring to the court while filing a lawsuit. Other than the above given reasons there are major theories of negligence  & civil battery.

NEGLIGENCE

In a negligence claim, you have to prove that the infected person knew or must have known about the infection & because he failed to share such crucial information, he breached the trust & harmed my safety & health.

CIVIL BATTERY

In a civil battery lawsuit, you are alleging that the person knowingly exposed you to STD via above mentioned reasons.

YOUR DAMAGES

In a civil lawsuit for transmitting STDs, you can ask for monetary relief which will include the expense of your treatment required & also the emotional trauma that you have been through. But this lawsuit does not provide for criminal punishment for it.

GROUND FOR DIVORCE

• Under the secular & personal laws of divorce, if your partner is suffering from any venereal disease, this is a solid ground for claiming divorce.
• Both under the Hindu Marriage Act & Special Marriage Act, there is a provision to claim divorce if your partner is suffering from any venereal disease in a communicable form.
• Under the “Dissolution of Muslim Marriage Act”, if the husband is suffering from any venereal disease, she can seek divorce.
• According to the “Parsi marriage & divorce act”, a spouse can seek divorce if his/her spouse has infected him/her with any venereal disease.
• Lastly, under the “Divorce Act”, the spouse is entitled to divorce if the other spouse is suffering from ay venereal disease for at least 2 years immediately before the presenting of the petition for divorce.
• A spouse can also approach the court of law under the providential fault ground, to get his or her marriage dissolved.

Here at the Lead India Law Associates, we serve you perfection mixed with experience in all forms of marital disputes. You can contact us on our helpline number & book your slots.