Mumbai (PTI): The Bombay High Court has refused to grant divorce to a 44-year-old man from Pune who falsely claimed his wife was HIV positive due to which he suffered mental agony.

A division bench of Justices Nitin Jamdar and Sharmila Deshmukh in its order of November 16 dismissed the appeal filed by the man in 2011, challenging an order passed by a family court in Pune the same year refusing his petition for divorce.

The man has not produced any evidence that his wife had tested positive for HIV, which caused him mental agony, the HC said, adding that his prayer for grant of divorce on the ground of irretrievable breakdown of marriage is liable to be rejected outright.

The couple got married in March 2003 and the man claimed his wife was of whimsical nature, stubborn, short-tempered and did not behave properly with him or his family members.

She had also suffered from tuberculosis and later with herpes, the man further claimed.

As per his plea, a test later conducted on his wife in 2005 revealed she was HIV positive. The man subsequently sought divorce.

The wife, however, refuted the claims and said her HIV test had come out negative, but still her husband spread rumours about this among her family members, thus causing mental agony to her.

The HC bench in its order said the man failed to produce the medical report of his wife showing she was HIV positive.

"There is not an iota of evidence produced by the petitioner husband that the respondent wife had tested positive for HIV, which caused him mental agony or that the wife has treated him with cruelty," the high court said.

"In spite of the medical report which shows the test result as HIV DNA "not detected", the petitioner has refused to co-habit with the respondent and defamed the respondent in the society by informing relatives and friends that the respondent has tested positive," it said.

Hence, the husband's prayer for grant of divorce on the ground of irretrievable breakdown of marriage is liable to be rejected outright, the bench said in its order.

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Kanpur (UP), Dec 3: A 17-year-old vegetable vendor lost his leg after being run over by a train while he was collecting his belongings allegedly thrown on a track by police personnel during an anti-encroachment drive here.

Deputy Commissioner of Police (West) Vijay Dhull told PTI that Head Constable Rakesh Kumar has been placed under suspension.

Police initiated an inquiry after several purported videos surfaced online showing the boy lying on the tracks asking for help as policemen and people try to rescue him, a senior official said.

"Prima facie, it appears Kumar showed negligent behaviour," Dhull said, adding that Assistant Commissioner of Police (Kalyanpur) Vikas Pandey has been asked to conduct the inquiry and submit a report at the earliest.

Police personnel had thrown a container of the victim, identified as Arsalan alias Irfan of Rawatpur area, and when he had gone on the railway track to pick it up, he was run over by a train on Friday, Dhull said.

Arsalan lost his right leg and suffered serious injuries to his left leg. He was taken to the Lala Lajpat Rai Hospital from where he was shifted to the SGPGIMS where a surgery was performed on Saturday, he said.

Dhull confirmed that several purported videos of the incident have gone viral and police are trying to obtain the mobile clips and pictures. These will help police to establish the sequence of events, he said.

Interacting with reporters, a local, who identified himself as Mohammad Shanu, claimed that the victim lost his leg after being hit by a train when he was collecting his weighing scale thrown on the tracks by police during an anti-encroachment drive.

The victim's father Saleem, an auto-rickshaw driver, told media persons that his son's leg were severed on the spot.