HIV :: HIV positive Indian woman’s fight for child custody continues

An HIV affected Indian woman, who got relief from the sessions court over custody of her minor daughter, would now request the court to issue notices to her in-laws to hand over the child to her.

Counsel for the woman A K Jain told PTI that in the next hearing scheduled on October, 11 while filing the request to the court to issue notice for the custody of the child, we would also seek compensation for the women, return of the stri-dhan, maintenance and rightful residence for staying, he added.

The widow, found HIV positive had approached the sessions court for getting custody of her nine-year-old daughter after the trial court had denied her the custody.

The woman had contacted the disease from her late husband and was forcibly separated from her daughter by her in-laws four years ago. Since then woman is fighting for her rights and the custodial battle in courts in Behror (Alwar) and Jaipur, Kavita Srivastav of PUCL (NGO) who has taken up her case along with another NGO positive women network.

Yesterday the sessions court here had stayed a trial court order denying the widow the custody of her minor daughter on the ground that she was HIV positive.

On September_17, Additional Civil Judge and Judicial Magistrate, Jaipur had rejected the woman’s plea for her daughter’s custody saying, since the woman is HIV positive, it cannot be said that she will be able to look after her daughter properly.

Spirit India