Divorce granted on cruelty grounds where husband's absence and admitted conduct established legal cruelty.
Zypern (CY)
Legislator-Zusammenfassung
KI-generiertThe court granted a decree of divorce nisi to the petitioner, a wife, based on her claim of mental and physical cruelty by her absent husband. Although the respondent did not appear, the petitioner's sworn testimony and witness corroboration were deemed sufficient to prove legal cruelty without contradiction. Consequently, the court found the husband's conduct excusable only if endured, but concluded it was not, thereby establishing the grounds for dissolution of the marriage.
Legislator-Regeste
KI-generiertMarriage Law Cap.279; Matrimonial Proceedings (Children's) Act 1958 s.2: A decree of divorce may be granted on the ground of cruelty when the totality of circumstances demonstrates conduct that endangers the mental or physical health of the petitioner and is not excusable.
Schlagwörter
KI-generiertZitierte Gesetzesbestimmungen
KI-generiertZitierte Rechtsprechung
KI-generiertVerwandte Entscheide
KI-generiertVolltext
[*16] 1983 May 11
(A. LOIZOU, J.)
MATRIMONIAL JURISDICTION
Micheline Tsangarides nėe Fuzellier,
Petitioner,
v.
Christakis Tsangarides.
Respondent.
(Matrimonial Petition No. 11/82).
Matrimonial Causes - Divorce - Cruelty - Mental and. physical cruelty - Legal cruelty.
N. Flourentzos for S. Kittis, for the Petitioner.
Respondent absent.
JUDGMENT
The following judgment was delivered by: -
A. LOIZOU, J.: This is a wife's petition for divorce on the ground of cruelty. The respondent-husband, though duly served, has not entered an appearance and has not defended the proceedings. The parties were married at the District Officer's Office, Nicosia, under the Marriage Law Cap.279, on the 17th May, 1971. After the said marriage they lived together in various addresses in Cyprus and since July 1980 in Elias Papakyriacou 11, Kaimakli, until the 17th May, 1982. A boy called George was born to them on 29th April, 1967. [*17]
The ground of law relied upon in this petition is cruelty and the incidents of cruelty appear sufficiently in the particulars set out in the petition. They have “been confirmed on oath by the petitioner and her testimony has been supported by that of her witness Liana Contou, her sister-in-law. On the evidence before me which has remained un contradicted I am satisfied that legal cruelty has been established.
The totality of the circumstances show a cruelty on the part of the respondent-husband on the petitioner wife who should not be asked to endure such conduct which is in no way excusable. During the period of their cohabitation a number of incidents constituting what in Law is considered as mental and physical cruelty, took place and his behaviour frequently repeated has no doubt caused danger to the mental and physical health of the petitioner. I need not refer to the authorities on the question of legal cruelty as I had the opportunity of reviewing them recently in the case of Peratikos v. Peratikos (1979) 1 C.L.R.341; Jabbour v. Jabbour (1981) 1 C.L.R., p.315; Joseph v. Joseph (1982) 1 C.L.R., p.95.
On the totality of the circumstances as accepted by me and emanating from the evidence which has been relied and is un contradicted, I grant a decree of divorce nisi on the ground of cruelty by the respondent-husband.
The question of the custody of the child which lives with the sister of the petitioner in Prance and is educated there and the arrangements that have been made for [*18] his care and upbringing will be considered under the provisions of section 2 of the Matrimonial Proceedings (Children's) Act 1958 together with the application for the making of this decree absolute. In the circumstances there will be no order as to costs as none have been claimed.
Decree nisi granted with no order as to costs.