Yes, there have been countries where laws were enacted which prohibited marriages of a person of one community to a person with another community, such as South Africa in the era of apartheid, and earlier in United States when racism had official sanction there. In South Africa the winds of political democracy swept that wretched law away from the statute book. In the United States, to the credit of the judges such laws were struck down as unconstitutional. The learned judges of the Supreme Court were rightly concerned about the consequences on a prospective spouse who may be in danger getting infected. Therefore she has the right to know of her prospective spouse s HIV status.
Nobody can dispute that proposition.
In such a case the law treats consent being obtained fraudulently and such a marriage is void. There cannot be two arguments about this. The complainant did not seek a right to marry even with his positive status. He acted responsibly and did not force a marriage on an unwilling person. There are a number of cases of that type.