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15 maltatoday | SUNDAY • 12 JULY 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maison- ette. Three bedrooms; double glazed win-dows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639 SERVICES TEACHING - English language one-to-one. Higher lev- els and examination preparation. Tel: 99336088 SITUATIONS VACANT AURELIANO GROUP LTD - a multi-service company has the following vacancies: Office Assistant, Cleaner, Housekeeper, Security Guard. The jobs are on full time basis. English and / or Maltese speaking. Monthly salary packages starting from 800 euro per month. For more information contact by phone 00356-79288417 apply via email: info@aurelianogroup.com CONCRETE SHUTTERERS - Zahra Employ Limited is looking to employ two individuals as Concrete Shutterers. The ideal Candidate should be in possession of the qualifications or equivalent, in lieu a minimum of 3 years experience in Concrete Stutterer and steel fixer are a must. The Concrete Shutterers may also have to make necessary material purchases, assist the foreman and the team members and to ensure that he or she maintains constant quality standards. Remuneration package starts at €1,200 gross monthly. Email a CV on admin@zahraltd.com DRIVERS - OZOMALTA is seeking to recruit individ- uals to work as Drivers. The chosen candidate should speak and write fluent in English. To apply send a detailed cv to careers@ozogroup.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8security- malta.com.mt SPA THERAPIST Required for a boutique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years experience in a similar post. Must be spe-cialised in colonic irrigation. For more info please call Village Concept on 99885352. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates Proved physical and psychologi- cal violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions. This was held by the Family Section of the Civil Court presided by Judge Abigail Lofaro on 7 July 2020 in a case ABC -v- DE. The plaintiff, a 71-year-old, sub- mitted in his application that he got married to the defendant, 20 years his junior, in April 2015. He complained that he suffered from physical and psychological vio- lence from the defendant, so much so she was evicted from the mat- rimonial home, following a num- ber of police reports. He therefore, asked the Court to declare the sep- aration of both of them. The Plaintiff filed an affidavit ex- plaining that he had met the de- fendant in 2011, when she was on holiday in Malta and from there blossomed a relationship, where he visited her country of Slovenia a number of times. The plaintiff had no interest to marry, but the defendant insisted that they do and she put constant pressure on him. He realised that he could not get rid of her and felt afraid of her. He described her as having an "evil streak". He gave in the pres- sure and married her. He admitted that this was the worse mistake he ever made in his life. Shortly after the marriage, he found his wife with other men in a pub. She left Malta for long spells of time and explained that she attended a psychiatric clinic in Bratislava. She had told him that she would change if he passed on his para- phernal property to her son from a previous relationship. Obviously, all his assets were all paraphernal and refused to purchase anything because it would be part of the community of acquests. From De- cember 2015 And September 2017, the defendant was aggressive and did everything to annoy him. She refused all approaches from him to act as a normal couple. There was also a violent episode when they discussed his money and property. He left to live with his sister be- cause he was fearing for his safety. The Court then analysed the legal points and started off with Article 40 of the Civil Code, which reads: "40. Either of the spouses may de- mand separation on the grounds of excesses, cruelty, threats or griev- ous injury on the partof the oth- er against the plaintiff, or against any of his or herchildren, or on the ground that the spouses can- not reasonably be expected to live together as the marriage has irre- trievably brokendown:" In Elisa Thompson -v- Edward Thompson, decided on 12 May 1925, there is no need that all ex- cesses, cruelty, threats or grievous injury have to be proved, but one may be proved for the court to or- der a separation. The Court quot- ed from numerous judgements that explained this article of law, such as Maria Mifsud -v- Vincenzo Mifsud held that excesses means that acts that could endanger the life of the other spouse. In Joanne Tabone pro et noe -v- Jesmond Tabone of 3 October 2003, held that violence will bring about sep- aration. The Court held that from the ev- idence produced the plaintiff did suffer excesses, cruelty, threats or grievous injury from the defend- ant. Witnesses who know the plaintiff explained how he changed when he married the defendant and wit- nessed incidents between the two. They both had gone to a notary to transfer the plaintiff's money and property to the defendant's son and was advised not to do this. Apart from these the plaintiff produced documentary evidence such as police reports. As to maintenance, in terms of Articles 48 and 51 of the Civ- il Code, since the separation was caused because of adultery and abonnement then the consequenc- es listed in Article 48 applies. This article reads: 48.(1) The spouse who shall have given cause to theseparation on any of the grounds referred to in articles 38 and 41,shall forfeit – (a) the rights established in arti- cles 631, 633, 825, 826 and827 of this Code; (b) the things which he or she may have acquired from theother spouse by a donation in contem- plation ofmarriage, or during mar- riage, or under any othergratui- tous title; (c) any right which he or she may have to one moiety ofthe acquests which may have been made by the- industry chiefly of the other spouse after a date to beestablished by the court as corresponding to the datewhen the spouse is to be con- sidered as having givensufficient cause to the separation. For the purposes ofthis paragraph in order to determine whether anacquest has been made by the industry chiefly of oneparty, regard shall be had to the contributions in an- yform of both spouses in accord- ance with article 3 ofthis Code d) the right to compel, under any circumstances, the otherspouse to supply maintenance to him or her in virtue ofthe obligation arising from marriage. The Court held it will apply Ar- ticle 51 which allows the Court to decide on the consequences in terms of Article 48. The Court then ordered that half an account which was opened by the defendant be passed on to the plaintiff. The Court also held that the former matrimonial home be declared as the plaintiff's para- phernal property, since it was fi- nanced by the inheritance of his parents. Cruelty in marriage has its consequences LAW Classifieds LAW CLASSIFIEDS