The minor's mother had approached the court in 2008 when she caught her husband taking photographs of their daughter. At the time, the girl was eight years old.
Justice S A Morey, who observed the case, said, "The man has destroyed his life and is already living under the shadow of death. He has no right to disturb the life of his daughter by taking obscene photographs."
The man, a sales executive, who has been married for the past 14 years, contracted HIV a few years after his daughter was born in 2000.
Anika Darvi told the court that the man had contracted the disease from his homosexual encounters. She added that she bore the torture for all the time, but realised it was time to end it when her husband began taking obscene pictures of their daughter.
She even submitted the photographs to the family court. The sales executive's mother in her written statement to the court said the man had several vices. She also said that she had hoped he would mend his ways after marriage.
The court said that as the husband was HIV positive, it was advisable for him to leave his matrimonial home as the disease is communicable through physical relations. "In such circumstances, for the safety of the wife and the child, the respondent (husband) shall evict the matrimonial home," the judge observed.
The court has ordered the man to bear his daughters entire education and medical costs along with Rs. 1,000 per month as maintenance.
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