Divorce granted on adultery grounds where evidence proved husband stayed in hotel room with another woman.

[*809] 1972 July 6

(L. LOIZOU, J.)

MATRIMONIAL JURISDICTION

Doriel Sybil Ridgway,

then Doriel Sybil Samuelson,

Petitioner,

and

Andrew Charle Cecil Ridgway,

Respondent.

(Matrimonial Petition No. 7/71).

Matrimonial Causes - Divorce - Wife's petition for divorce on the ground of adultery - Evidence to the effect that respondent and the woman named stayed in the same room of a hotel - Charge of adultery proved beyond doubt - Decree nisi granted.

M. Christofides, for the Petitioner.

No appearance, for the Respondent.

JUDGMENT

The following judgment was delivered by: -

L. LOIZOU. J.: This is an undefended wife’s [*810] petition for divorce on the ground of adultery. The respondent was duly served and has failed to enter an appearance. The person named has also been served and has failed to take any steps in accordance with rule 20 of the Patrimonial Causes Rules.

The parties, the petitioner and the respondent, are both members of the Church of England and they are both domiciled in Cyprus. They were married on the 29th April, 1955, at the Parish Church of St. Mark, Forth Audley Street, City of Westminster, London, Certified copy of the entry of the marriage has been produced as exhibit 1 in these proceedings.

There are four children of this marriage, namely, Amanda Jane born on the 7th November, 1956 in England, Peter Eric born on the 16th October, 1.958 again in England, Joanna Katherene born on the 15th July, 1962 also in England and Charlotte Rose born on the 8th February, 1,965 at Dhekelia within the S.B.A. The certificates of birth of the children are exhibits 2 to 5 respectively in these proceedings.

Immediately after their marriage the couple came to Cyprus. They first lived in Nicosia until 1959 and then they moved to Kyrenia until March, 1971. It would appear from the evidence that until 1969 the couple lived happily but thereafter there was friction between them in view of the fact that the husband started being away much more than he used to and he refused to give any explanations when asked by the wife. In view of this she started suspecting his faithfulness to her. As time went on things got worse [*811] and in view of the gossip that had started to go round the couple moved to Nicosia where the husband's business was in March, 1971, so that the petitioner could he nearer her husband. Things, however, did not improve as the respondent continued to go out alone and stay out very late and the petitioner got to know that he used to go out with the person named, one Marilyn Joy Pickard Hall, a Public Relations Officer at the Hilton hotel.

On the issue of adultery, apart from the evidence of the petitioner, I heard the evidence of four witnesses. The petitioner stated in evidence that on the 21st May, 1971 her husband told her that he had to go to Beirut on business on the 22nd and 23rd May. She offered to drive him to the airport but he refused the offer. He left home on the 22nd and did not return undil the 24th May. He went home, changed his clothes, left his luggage and went to his office. As she was suspicious she found his passport, checked it and found out that there was no indication that he had gone to Beirut or anywhere else out of Cyprus. In one of the pockets of a suit of his she found a hotel bill of a hotel in Nicosia called The Pisa Tower. When the husband returned home she confronted him with this evidence; there followed a quarrel in the course of which he took the bill away from her and tore it to pieces. That night he slept on a sofa and on the following morning he left the matrimonial home. Since then the couple have been living apart. All four children have been with their mother all the time. [*812]

Joseph Pavlou, a witness' called for the petitioner, is the owner of the Pisa Tower hotel and he stated in evidence that on the 22nd and 23rd May, 1971, the respondent, whom he knows very well and a young girl whom he only knows by sight hut he knows that she is the Public Relations Officer at the Hilton hotel, stayed in room No. 402 at his hotel. In the morning of the 24th the respondent paid the hill amounting to £8.640 by cheque on the National and Grind leys Bank. He produced his invoice-receipt hook and copy of this hill appears -under serial No. 0639.

Another witness who gave evidence for the petitioner is Andreas Pilavakis who is employed as a waiter at the Pisa Tower hotel and was so employed since September, 1970. He stated in evidence that he knows the respondent well and that he remembers when he stayed in the hotel with a young girl whom he did not know at the time but he now knows that she is employed at the Hilton hotel. He further stated that he served breakfast in the room occupied by the couple and he saw them in the double bed of the roon together.

The fourth witness for the petitioner Mr. Nicos Lacoufis, Finance Director of C. D. Hay & Sons of which the respondent is also a Director said that he knows both the petitioner and the respondent very well as well as the person named, Marilyn Hall. From conversation with the respondent he knows that he now lives with the said. Marilyn Hall in a flat at Demokritos Building No.1 at Ayios Dhometios and that he often sees her car parked outside the building. [*813]

The last witness for the petitioner is Evridiki Charalambous, a charwoman who does the flat in question twice a week. She stated in evidence that Mr. Ridgway lives in the flat together with a young girl and that they use one bed.

Having considered this evidence very carefully I am satisfied that the charge of adultery has been proved beyond doubt and I accordingly grant a decree nisi to the petitioner who is also given custody of the children.

Mr. Christofides: I do not claim costs in this case.

Court: Decree nisi granted.

Custody of the children to the petitioner.

No order as to costs.