Wife refused divorce says her marriage is âloveless and desperately unhappyâ as she takes case to Supreme Court
A woman who says her marriage is âloveless and desperately unhappyâ is trying to persuade Supreme Court justices to let her divorce her husband of 40 years.
Five justices are analysing Tini Owensâ case at a hearing in London. They are not expected to produce a ruling until later in the year.
Lawyers say the case could have implications for unhappily married people.
Mrs Owens, 68, has already lost two rounds of her legal battle.
In 2016 she failed to persuade a family court judge to allow her to divorce retired 80-year-old businessman Hugh Owens, who does not want to divorce.
Last year three appeal judges ruled against her after a Court of Appeal hearing in London.
They said Mrs Owens had f ailed to establish that her marriage had, legally, irretrievably broken down and dismissed her challenge to a ruling by Judge Robin Tolson.
One appeal judge said she had reached her conclusion with âno enthusiasm whatsoeverâ but said Parliament would have to decide whether to introduce âno faultâ divorce on demand.
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Another said Par liament had âdecreedâ that being in a âwretchedly unhappy marriageâ was not a ground for divorce.
Mrs Owensâ lawyers say she should not have to prove that Mr Owensâ behaviour has been âunreasonableâ â" only that she should not âreasonably be expectedâ to remain with him.
They say the case is about âproper interpretationâ of legislation.
Barrister Philip Marshall QC, who leads Mrs Owensâ legal team, told justices that a âmodest shiftâ of focus in interpretation of legislation was required.
Judges have heard how Mr and Mrs Owens had married in 1978 and lived in Broadway, Worcestershire.
She petitioned for divorce in 2015 after moving out.
Mrs Owens said her husband had behaved unreasonably and argued that the marriage had broken down.
Mr Owens disagreed and denied allegations made agai nst him.
He was against a divorce and said they still had a âfew yearsâ to enjoy.Source: Google News