The Citizen (KZN)

’Til bad body odour do us part: divorce granted

- Shanice Naidoo

A man in Türkiye was slapped with a divorce suit by his wife, who cited his poor personal hygiene as the primary cause of their marital woes.

According to reports, the wife presented compelling evidence, including testimonia­ls from witnesses, to substantia­te her claims. Allegedly, the husband wore the same clothing for extended periods, rarely engaged in proper washing practices and emitted an unpleasant odour due to excessive perspirati­on.

The woman, represente­d by her lawyer, argued in the family court that the husband’s neglect of personal cleanlines­s had rendered their shared life unbearable. The lawyer argued that spouses are obligated to fulfil the responsibi­lities of a shared life.

When such obligation­s are compromise­d, it can provide legal grounds for divorce. Witnesses, including acquaintan­ces and the husband’s co-workers, corroborat­ed the wife’s assertions of his subpar personal hygiene.

This testimony seemingly played a crucial role in persuading the court the husband’s hygiene habits were a significan­t detriment to the marriage.

The Regional Court of Justice and the Supreme Court of Appeals deemed the husband’s poor personal hygiene as grounds for divorce. The judge also ordered the husband to pay her 500 000 lira (about R310 000).

In South Africa, a marriage is either a civil marriage, a civil union or a customary marriage.

Civil marriages end using the Divorce Act, while customary law marriages dissolve using the Divorce Act and additional conditions as may be relevant.

According to the Divorce Act, spouses may divorce if their relationsh­ip has irretrieva­bly broken down, or when one has cheated.

A government website says a marriage has broken down irretrieva­bly if the spouses no longer live together and there is no chance of resolving their difference­s.

Additional grounds for divorce are when one party has been imprisoned and declared a habitual criminal, or if either party has been in a mental health facility for at least two years, with no real prospect of recovery.

Another is if one spouse has been unconsciou­s for at least six months, without hope of recovery.

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