IN SICKNESS AND HEALTH: THE LEGAL CHALLENGES OF STDS IN MARITAL DISSOLUTIONS IN INDIA
AUTHOR – MOHD SALLAH KHAN, MD SAQIB ANSARI, SHEHVAR SALEEM & ANSH SHUKLA
STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY
BEST CITATION – MOHD SALLAH KHAN, MD SAQIB ANSARI, SHEHVAR SALEEM & ANSH SHUKLA, IN SICKNESS AND HEALTH: THE LEGAL CHALLENGES OF STDS IN MARITAL DISSOLUTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 07-15, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The article critically examines the legal provisions surrounding sexually transmitted diseases (STDs) as grounds for divorce in India, focusing on both secular and various personal laws, including the Indian Divorce Act of 1869, the Dissolution of Muslim Marriages Act of 1939, and the Parsi Marriage and Divorce Act of 1936. It highlights significant issues such as the arbitrary two-year waiting period in the Indian Divorce Act, which is especially problematic for incurable STDs like HIV, arguing that this period is both impractical and unjust. Additionally, the ambiguity of terms like “virulent” in the Dissolution of Muslim Marriages Act leads to inconsistent interpretations and outcomes in the judicial process, creating uncertainty and potential injustice for affected individuals. The Parsi Marriage and Divorce Act’s stipulation that the petitioner must contract the disease before seeking divorce is another major concern, as it further exposes individuals to harm and fails to adequately protect their health and rights. These legislative inadequacies hinder the timely and fair resolution of marital disputes and do not sufficiently protect the well-being of individuals in affected marriages. To address these issues, the article proposes targeted reforms. These include eliminating the two-year waiting period for incurable diseases, providing a clear and precise definition of “virulent” in Muslim law, and distinguishing between curable and incurable diseases in all relevant personal laws. These recommendations aim to create a more responsive and equitable legal framework that aligns with contemporary medical knowledge and principles of social justice. The goal is to better protect individuals’ rights and health within marital relationships, ensuring a fairer and more compassionate legal approach to divorce on the grounds of STDs.