Jul 24, 2012, 1:28 PM
Another ponder has erupted in certain sections of the British tabloid over a British lady who demanded a divorce from her husband in favour of a Gambian lover.
Instead of pursuing the matter in the courts, the angry husband decided to destroy by fire his wife’s designer gear and clothes worth £5000, according to a UK court.
However, according to the Matrimonial Causes Act 1973 ‘divorce can take place on a breakdown of any marriage. Thus subject to section 3 of the same Act, petition for divorce may be presented to the court by either party to a marriage on the grounds that the marriage has broken down irretrievably’.
Therefore, the competent court upon hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts: that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent; that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition; that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.
There is also the so-called two years’ separation and the respondent consents to a decree be granted; for example when that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.
Every decree of divorce shall in the first instance be a ‘decree nisi’ and shall not be made ‘absolute’ before the expiration of six months from its grant unless the High Court by general order from time to time fixes a shorter period.
However, the court has the discretion to a ‘bar’ on petitions for divorce within one year of marriage. Therefore, no petition for divorce shall be presented to the court before the expiration of the period of one year from the date of the marriage.
Thus if any is the case, the woman is entitled to demand for a divorce. Nonetheless, the 44-year old husband from Wakefield (name withheld by this correspondent for privacy purposes) in rage reportedly piled not only bags and shoes, but also clothes and other expensive belongings and torched them.
The court also heard that the estranged 35-year-old wife also (name withheld for the same reason) went on holiday toThe Gambia without his knowledge, and met a new Gambian lover. Immediately she asked for a divorce prompting such fury.
The defendant, who worked as a shop fitter, ‘admitted arson and theft’ to ‘help my anger’. Consequently, the British courts well respected for their impartiality jailed him for 12 months - suspended for two years, and ordered him to pay compensation.
Mitigating on his behalf, his lawyer told Leeds Crown Court that ‘he finds it difficult not to see himself as the victim’. This correspondent also prefers not to name the Gambian man involved.