Court grants leave for divorce petition within three years due to exceptional hardship and respondent's depravity.

[*1072] 1965 October 15

(JOSEPHIDES, J.)

ORIGINAL JURISDICTION

Chrysso James Lawrence Dunne then Chrysso

Evangelou,

Applicant,

v.

James Lawrence Dunne,

Respondent.

(Civil Application No. 3/64).

Matrimonial Cause - Practice - Divorce - Application for leave to present a divorce petition within three years of marriage - Exceptional hardship suffered by petitioner - Exceptional depravity on part of respondent - No reasonable probability of reconciliation - English Matrimonial Causes Act, 1950, section 2(1)(2).

L. N. Clerides, for the Applicant.

Respondent absent.

DECISION

JOSEPHIDES, J.: This is a wife’s application for leave to present a divorce petition on the ground of cruelty, although three years have not passed since the date of the marriage.

The marriage was solemnized on the 21st October, 1964, and under the provisions of section 2(1) of the English Matrimonial Causes Act, 1950, which is applicable to matrimonial causes in Cyprus, a petition for divorce cannot be presented [*1073] to the Court unless at the date of the presentation of the petition three years have passed since the date of marriage.

Learned counsel bases his application for leave on the ground that the case is one of exceptional hardship suffered by the petitioner and of exceptional depravity on the part of the respondent, within the proviso to section 2(1). The affidavit evidence, before the Court, including the supplementary affidavit by the applicant dated the 30th September, 1965, and that of her brother of the same date, shows that the respondent abandoned, the matrimonial home on the 4th December, 1964, leaving a letter addressed to the applicant which is an exhibit in this case. In that letter he admits being cruel to the wife and beating her several times, and he states that he decided that the only way for them was to live apart. He left Cyprus and, in spite of efforts to trace him for the service of notice of this application in England at the address given by him, no service could be effected because he could not be traced at the aforesaid address and, consequently, the Court had to grant leave for substituted service on certain terms which have been complied with. The latest letter from the respondent was received by the applicant’s brother early in January, 1965, and is an exhibit before this Court. There again he says "I am sorry for what I did but it is too late now I suppose". Furthermore, the applicant in her affidavit states that, apart from the exceptional cruelty of the respondent coupled with continuous beatings, the respondent has also been guilty of sexual perversions. There are no children of the marriage.

On this evidence I am satisfied that this is a case of exceptional hardship suffered by the petitioner and of [*1074] exceptional depravity on the part of the respondent, and the letters of the respondent show that there is no reasonable probability of reconciliation between the parties before the expiration of the prescribed period of three years (section 2(2) of the Act and Bowman v. Bowman (1949) 2 All E.R. 127, per Lord Denning at page 129B.)

For these reasons I grant leave for the presentation of the petition forthwith although three years have not passed from the date of the marriage.

Costs in cause.

Order in terms.