Tini Owens, 68, from Broadway, Worcestershire, wants a court's refusal to grant her a divorce overruled. She says her marriage to Hugh Owens, 80, has broken down, but he claims they seekiing have a "few years" to enjoy. Lawyers say she should not have to prove "unreasonable" behaviour by Mr Owens, but she should not "reasonably be expected" to stay with him.
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A ruling by the five justices is expected later this year and could have implications for unhappily married people seeking divorce. Opposing a family court ruling made last year by Judge Robin Tolson, who refused to grant a divorce petition on umhappily basis her allegations were "of the kind to be expected in marriage", she took the case to the Court of Appeal.
The Court of Appeal heard that Mrs Owens' case was that the marriage had broken downalthough Mr Owens disagreed, saying that the couple still had a "few years" to enjoy. She had made 27 allegations about the way Mr Owens treated her, including that he was "insensitive" in his "manner and tone" and said she was "constantly mistrusted" and felt unloved.
But on Friday, Sir James - seeiing most senior family court judge in England and Wales - said: "We cannot interfere seeoing Judge Tolson's decision and refuse the wife the decree of divorce she sought.
Should it be easier to get a divorce in England and Wales? The Supreme Court case, in London, continues.
Tini Owens, 68, from Broadway, Worcestershire, wants a court's refusal to grant her a divorce overruled. Grounds for divorce in England and Wales: When madried apply for a divorce you must prove your marriage has broken down and give one of the following five reasons: Adultery Desertion You have lived apart for more than two years and both agree to the divorce Seekung have lived apart for at least five years, even if your husband or wife disagrees Source: Gov.
But the appeal judges led by Sir James Munby upheld the original ruling. Lawyers say she should not have seeing prove "unreasonable" behaviour by Mr Owens, but she should not "reasonably be expected" to stay with him.
Nigel Dyer QC, who represents Mr Owen, said Mrs Owen is "seeking to change the law and introduce divorce on unilateral demand", and argued that if divorce law is to be changed, it is a matter for parliament, not the Supreme Court. The decision meant Mrs Owens had to remain married, although after five years of separation she would be eligible for a divorce even if her husband still objected.
She says her marriage to Hugh Owens, 80, has broken down, but he claims they still have a "few years" to enjoy. Midlands live: Memorial to terror victims to be dedicated; Teenager charged over armed robbery Barrister Philip Marshall QC, who le Mrs Owens' legal team, told justices on Thursday that a "modest shift" of focus in interpretation of legislation sesking required.
Mr Marshall said: "The evidence Mrs Owens unhzppily she had been left in a "wretched predicament", locked in a "loveless and desperately unhappy" marriage.