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  1. ITV Report

Woman waits to find out if she can divorce husband

Tini Owens wants to divorce her husband Hugh, saying their marriage had broken down Credit: PA

A 66-year-old woman is waiting to see whether she has won an "extraordinarily unusual" court fight to divorce her husband of nearly 40 years.

Tini Owens failed to persuade a family court judge to allow her to divorce her husband Hugh Owens, 78.

Judge Robin Tolson refused to grant Mrs Owens's divorce petition last year, and now Mrs Owens has asked Court of Appeal judges to overturn the decision.

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

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

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

Mr Marshall said that Mrs Owens wanted to divorce her husband because he had behaved unreasonably, and that the marriage had broken down.

She made 27 allegations about the way her husband treated her, saying he was "insensitive" in his "manner and tone" and that she felt "constantly mistrusted" and unloved.

Mrs Owens said that she felt Credit: PA

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

"There is no prospect of reconciliation."

Mr Marshall asked judges to consider the "cumulative effect" of what could be seen as a list of trivial incidents.

Mr Owens disagreed and denied allegations made against him.

He said that the pair have a "few years" to enjoy, and that he was against a divorce.

Judge Tolson had ruled against Mrs Owens after analysing the case at a family court hearing in London, concluding that her allegations were "of the kind to be expected in marriage".

Mr Marshall argued that his ruling should be overturned, as he had failed to make "proper findings of fact".