Cyprus Supreme Court grants divorce on desertion grounds where wife abandoned husband with no intent to return.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe petitioner successfully obtained a decree of divorce nisi based on the respondent's desertion. The wife left the conjugal home in 1979, moved to England, and explicitly stated she could not live in Cyprus, demonstrating an intention to end cohabitation permanently. The court found the evidence proved desertion because the separation was caused by the wife's animus deserendi without reasonable cause or consent.
Regesto Legislator
Generato dall'IAMarriage Act 1949; Desertion: A decree of divorce may be granted where one spouse leaves the other with the intention of permanently ending cohabitation without reasonable cause or consent.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IAGiurisprudenza citata
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*13] 1983 May 11
(A. LOIZOU, J.)
MATRIMONIAL JURISDICTION
Constantinos Christoforou, otherwise
Constantinos Christophorou
Petitioner,
v.
Linda Eileen Rayner,
Respondent.
(Matrimonial Petition No.4/83).
Matrimonial Causes - Divorce - Desertion - Principles applicable.
E. Mitsingas, for the Petitioner.
Respondent absent.
JUDGMENT
The following judgment was delivered by:-
A. LOIZOU, J.: This is a husband's petition for divorce on the ground of desertion. The respondent-wife, though duly served, failed to enter an appearance or contest the proceedings.
The parties were married in England on the 24th July, 1979, under the Marriage Act of 1949 (as appearing in their Marriage Certificate produced as Exhibit 1 ). Thereafter they came and lived in Cyprus. [*14]
On the 19th November, 1979, the respondent-wife left the conjugal home and went to England and although there have been efforts to bring her back. she has not returned to the conjugal home since then. She has disclosed an intention not to resume cohabitation by the statement she made to the brother of the petitioner, witness 2, to the effect that she could not live in Cyprus and she ought to have been married to an Englishman.
On the evidence before me I am satisfied that there exists in law desertion on the part of the respondent-wife. There has been established the separation of the one spouse from the other with the intention on the part of the deserting spouse of bringing cohabitation permanently to an end without reasonable cause and without the consent of the other spouse. In addition to the withdrawal of the respondent from the conjugal home, there is evidence to suggest that she never had the intention of resuming cohabitation. The state of separation that exists is clearly attributed to the animus deserendi on the part of the respondent
If any authorities on the legal principles involved are necessary, reference may be made, inter alia, to the cases of Avraam v. Avraam (1979) 1 C.L.R. ,p.661 , and Eleftheriou v. Eieftherios Charalambous (1980) 1 C.L.R. p.600; Ioakim v. Orihuels .(1 981 ) 1 C.L.R. , p. 357; Catlin v. Catlin (1982) 1 C.L.R., p. 117. [*15]
I accordingly find the case proved and I grant a decree of divorce nisi in favors of the petitioner on the ground of desertion, with no order as to costs as none have been claimed.
Decree nisi granted. No order as to costs.