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(1979) 1 CLR 610

1972 July 10

 

[STAVRINIDES, J.]

GEORGE MICHAEL ECONOMIDES,

Petitioner,

v.

DOROTHY CHRISTINA ECONOMIDES NEE BRETTEL,

Respondent.

(Matrimonial Petition No. 8/71).

Matrimonial Causes—Divorce—Cruelty—Constant nagging—Amounts to legal cruelty.

This was a petition by the husband for the dissolution of his marriage with the respondent on the ground of cruelty. There was evidence by the petitioner, corroborated by his sister, that during the couple's cohabitation she was constantly nagging him. This caused him strain and anxiety and eventually as as a result he contracted heart trouble.

Held, that the evidence discloses conduct on the respondent's part amounting to legal cruelty; and that, accordingly, the petitioner is entitled to a decree of divorce on that ground.

Decree nisi granted.

Matrimonial Petition.

Petition by the husband for dissolution of marriage on the ground of the wife's cruelty.

G. Ladas, for the petitioner. Respondent absent.

Cur. adv. vult.

STAVRINIDES J. read the following judgment. The petitioner is a Greek-Orthodox and the respondent a member of the Anglican Church. They were married in the register office, Hounselow, London on June 7, 1968. A few days later the husband returned to this island, while the respondent came nearly two and a half months later, accompanied by her mother. The parties took up residence in a house here next to one where a sister of the petitioner and their mother were living, and the respondent's mother in separate premises in this town.

After about a fortnight relations between them were soured, the respondent nagging him over his attachment to his mother and sister. Eventually, on June 13 of the following year, she departed from the island leaving a note (exhibit 2) saying "I leave my husband of my own free will because we are unable to free make each other happy".

There is evidence, namely that of petitioner, corroborated by his sister, that during the couple's cohabitation she was constantly nagging him. This caused him strain and anxiety and eventually as a result he contracted heart trouble.

In my judgment the evidence discloses conduct on the respondent's part amounting to legal cruelty. Accordingly the petitioner is entitled to a decree of divorce on that ground.

Decree nisi of divorce, not to be made absolute for three months from today. No costs. (None claimed.)

Decree nisi. No order as to costs.


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