Woman in 'desperately unhappy marriage' appeals after judge refuses her divorce

Legal battle: Tini Owens is appealing the decision to refuse her a divorce
PA
Chloe Chaplain15 February 2017

A 66-year-old woman who has been married to her husband for nearly 40 years has appealed against a court’s decision to refuse her a divorce.

Tini Owens wants to divorce her husband, 78-year-old Hugh Owens, because she is “desperately unhappy”.

But Mr Owens has disagreed, arguing that the couple still had a "few years" to enjoy.

She lost her case at family court last year after Judge Robin Tolson refused to grant her divorce petition - concluding her allegations were "of the kind to be expected in marriage".

Judge Tolson had described Mr Owens as "old school" and had said Mrs Owens was "more sensitive than most wives".

Now Mrs Owens, who lives in Broadway, Worcester, has asked Court of Appeal judges to overturn that decision.

Three appeal judges analysed the case at a hearing on Tuesday and are expected to publish a ruling soon.

Hugh Owens: Her husband does not want a divorce
PA

A barrister representing Mrs Owens told the appeal court that the "vast majority" of divorces were undefended in 21st century England.

Philip Marshall QC added: "It is extraordinarily unusual in modern times for a court to dismiss a petition for divorce."

Mr Marshall said Mrs Owens's case was that her husband had behaved unreasonably and that the marriage had irretrievably broken down.

She had made 27 allegations about the way Mr Owens treated her which he, a retired businessman, denied.

She said he was "insensitive" in his "manner and tone" and said she was "constantly mistrusted" and felt unloved.

"The simple fact is that I have been desperately unhappy in our marriage for many years," she said in a witness statement.

Mr Marshall said Judge Tolson had failed to make "proper findings of fact" and argued that his ruling should be overturned.

"It was my client's complaint that her husband treated her in a childlike way," Mr Marshall told judges. "And in a way which was effectively that she should agree with his will."

Mr Owens argued he was a tease and said had a loud voice but that the marriage should not be ended.

"I am somebody who teases my wife," he had said during the litigation. "I do it all the time. I know she doesn't always appreciate it."

Judges were told that at one stage Mrs Owens had an affair which lasted less than a year and Mr and Mrs Owens, who have grown-up children, had slept in different rooms for many years.

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