B v B
| Jurisdiction | England & Wales |
| Judgment Date | 06 October 1993 |
| Date | 06 October 1993 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Husband and wife - occupation of matrimonial home - non-violent action
A wife who found it impossible to continue living with her husband because of dissention caused by his jealous, argumentative and unyielding nature was entitled to an order excluding him from the matrimonial home under section 1(3) of the Matrimonial Homes Act 1983. Such conduct by the husband, although short of violence or threat thereof, was of sufficient severity to make it just and reasonable for so drastic an order.
The Court of Appeal (Lord Justice Beldam and Lord Justice Leggatt) so held on September 22 in dismissing an appeal by the husband from the judgment of Mr Recorder Goldring, QC, in Leicester County Court on September 8, 1993 ordering him to vacate the home within 14 days.
LORD JUSTICE BELDAM said that after 30 years of marriage the wife had petitioned for divorce on the ground of the husband's unreasonable behaviour. Because of arguments the wife had felt unable to stay in the home. She had left and gone with her daughter aged 13 to stay temporarily at the home of an elder daughter where they had to sleep on...
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