Yes, you can seek divorce in Chennai if your spouse was diagnosed with a communicable venereal disease, including HIV, without informing you, since Section 13(1)(v) of the Hindu Marriage Act specifically recognises suffering from a virulent and incurable form of venereal disease as an independent statutory ground for divorce, reflecting the law's recognition of the serious health implications and breach of trust involved in such concealment.

Beyond the specific venereal disease ground, the concealment itself — failing to disclose a serious health condition with significant implications for you and potentially any children — can also support a cruelty-based divorce claim or, in cases where the concealment occurred before marriage and induced you to marry under false pretences, potentially support annulment on grounds of fraud regarding a material fact essential to the marriage.

To establish this ground, you would need medical evidence confirming your spouse's diagnosis and its nature, along with evidence establishing that this diagnosis was not disclosed to you, whether through your spouse's own admissions, medical records, or other credible documentation. Courts examine this evidence with appropriate sensitivity given the serious health and privacy dimensions involved in such cases.

Given the sensitive and legally significant nature of health-related non-disclosure cases, it is essential to approach this matter with experienced family law counsel who can help you navigate both the emotional and legal complexities involved. Consulting the team at Aapka Legal Advice can help you build an appropriately evidenced petition addressing this serious ground before the Chennai family court.

Given the sensitivity of health-related grounds and the importance of proper evidentiary presentation, obtaining a second opinion from a retired judge on how to approach your specific situation can provide valuable guidance during this difficult time. Chennai's experienced family law advocates and retired judges, available through Aapka Legal Advice's Chennai divorce lawyer directory, regularly assist with these sensitive matters.

In conclusion, your spouse's HIV diagnosis, if undisclosed to you, provides valid and well-recognised grounds for divorce in Chennai, whether pursued as a specific venereal disease ground or incorporated into a broader cruelty-based petition addressing the serious breach of trust involved.

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