In Africa, AIDS-infected husbands often force wives to have sex without a condom. This could constitute the basis for a divorce. So far in the U.S., there are only a handful of court cases linking the disease and divorce. Chiefly these revolve around child custody and visitation rights of the AIDS-infected spouse. Because of the possible stigma, 90% of AIDS-related divorce cases nationwide are settled out of court.

I don't think the precedent of the India court should be widely followed. That decision is unique since the judge was punishing the wife for not informing the husband prior to the marriage that she had AIDS. In 1998, the Supreme Court of India ruled that persons who are HIV-positive must inform future spouses. Under the Hindu Marriage Act, women can obtain a divorce if their husband suffers from any venereal disease in a communicable form. Should this law — intended to protect women — be applied to men as well?

With over three million infected, India ranks third in the world for the number of AIDS patients — right after South Africa and Nigeria. Men alone are not responsible for fueling the epidemic since promiscuity among women is rising. Husbands in lower socio-economic classes have been generally "considerate and supportive."

AIDS activists in India have mixed reactions to this husband seeking a divorce. It was a personal choice, but I believe he was wrong. There is a real need for education about AIDS and how to protect yourself, especially in a country with so many infected. Actress Ashley Judd has made a documentary film, entitled "India's Hidden Plague," premiering November 30. I hope this helps to stem the tide.