AIR 2003 SUPREME COURT 664 ::2002 AIR SCW 5335 ::2003 (1) Com LJ 198 SC ::(2003) 1 ComLJ 198 ::(2003) 1 MahLR 416 ::(2003) 1 CivLJ 822 ::2003 (1) SCC 500 ::(2002) 9 Scale 224 ::2003 (1) All CJ 702 ::2003 (1) All WC 571 ::2003 (1) BLJR 437 ::2003 BLJR 1 437 ::2003 (1) CPJ 14 ::(2003) 1 CPR 27 ::2003 (1) MadLJ89 ::(2003) 1 Mad LJ 89.2 ::2002 (7) SLT 218 ::2003 (1) Supreme 66 ::2003 (2) SRJ 235

Supreme Court Of India

Hon'ble Judge(s): S. Rajendra Babu, P. Venkatarama Reddi, Arun Kumar , JJJ

Constitution of India , Art.21— Penal Code (45 of 1860) , S.269, S.270— Right to marry - Whether can be treated as suspended till one of the spouse to be suffering from HIV (+) (AIDS) is cured of disease - Person suffering from HIV (+) contracting marriage with willing partner whether commits offence under Ss. 269, 270 IPC - Petitioner in earlier petition 1999 AIR SCW 3662 : AIR 1999 SC 495 raising said question sought clarification that there is no bar for marriage if healthy spouse consents to marriage - Court rested its decision on the facts of the case that it was open to the hospital or the Doctor concerned to reveal such information to persons related to girl whom he intended to marry and she had a right to know about the HIV positive status of the appellant - However, further observations by Court in paras 37 to 40 to declare in general as to what rights and obligations arise in such context as to right to privacy or confidentiality or whether such persons are entitled to be married or not or in the event such persons marry they would commit an offence under law or whether right to marry is suspended during the period of illness - Unnecessary and uncalled for. Mr. X v. Hospital Z, 1999 AIR SCW 3662 : AIR 1999 SC 495, Partly Overruled. . (Para 5 6) .....