1 C.L.R. 1981 June 3 [A. Loizou, J.] LIANA MORPHI, Petitioner, v, ANTONI MASHINI, Respondent. (Matrimonial Petition No, 4/81). 5 Matrimonial causes—Divorce—Cruelty—Legal cruelty—Respondent repeatedly beating and ill-treating petitioner and using abusive language—Danger to petitioner's life, limb, or health bodily ormental—Petitioner shouldnot beasked toenduresuchconduct— Legal cruelty established—Decree nisi granted. 10 This was a wife's petition for divorce on the ground of the husband's cruelty. The petitioner's evidence, which was corroborated byone other witness,wasto theeffect that the respondent husband was cruel and unkind to her; and that he was repeatedly beating and ill-treating her and using abusive language. 15 20 Held, that the brutality of the husband frequently repeated has no doubt caused danger to life, limb, or health, bodily or mental, to the petitioner-wife and in fact has given rise to a reasonable apprehension of such danger; that the totality of the circumstances of this case amounts to a persistent cruelty on the part of the respondent husband on the petitioner wife who should not be asked to endure such conduct which was in no way excusable; that, therefore, legal cruelty has been established; and accordingly a decree nisi on the ground of cruelty must be granted to the wife-petitioner. Decree nisi granted. Cases referred to: Peratikos v. Peratikos
(1979)1 C.L.R. 41. Matrimonial Petition. 25 Petition by the wife for dissolution of marriage on the ground of the husband's cruelty. M. Sawidou (Miss), for the petitioner. Respondent absent, duly served. Cur. adv. vult. 253 Morphi v. Mashini
(1981)A. Loizou J. read the following judgment. By this petition, the petitioner wife seeks the dissolution of her marriageto the respondent husband, onthe ground ofcruelty. Therespondent although duly served failed to put in an appearance or defend the proceedings. 5 The petitioner is a member of the Greek Orthodox Church and the respondent a Roman Catholic. They were married onthe 13thSeptember 1979undertheprovisionsoftheMarriage Law, Cap. 279, in the office of the District Officer of Nicosia. After their marriage they lived together in Nicosia until the 10 4th October 1979 when the respondent husband deserted her and has shown no interest in his marriage ever since. Almost from the beginning their marriage was not a happy one. Therespondenthusbandwascruelandunkindtothepetitioner wife. He was beating her and illtreating her in general; and in addition he was using abusive language. The brutality ofthehusband frequently repeated hasno doubt caused danger to life, limb, or health, bodily ormental,tothepetitioner wife and in fact has givenriseto a reasonable apprehension of such danger. I need not refer to the authorities on the question of legal cruelty as I had the opportunity of reviewing them recently in the case of Peratikos v. Peratikos
(1979)1 C.L.R, p.41. On theevidencebefore me,which consistsofthat of thepetitioner wife, herself and one other witness who happened to 25 be present when the respondent husband was brutal to his wife, whose credibility could not be doubted, I have come to the conclusion that legal cruelty has been established and the petitioner's evidencewasduly corroborated bythe saidwitness. The totality of the circumstances of this case amounts to a 30 persistent cruelty on the part of the respondent husband on the petitioner wife, who should not be asked to endure such conduct which was in no way excusable. In the result a decreenisi on the ground of crueltyisgranted to the wife petitioner. There will be, however, no order as to 35 costs as none is claimed. Decreenisi granted. Noorder as to costs. 254 15 20