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15 maltatoday | SUNDAY • 19 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 DELIVERY PERSON - Good knowledge of English -Valid Motorcycle Driving License - Food Handling Certificate - Willingness to adhere to assigned routes, schedules, safety procedures, and transportation laws -Strong time management and customer service skills -Attention to detail -Training will be provided – this vacancy is open to any nationality with a valid Maltese work permit. To apply or for further details email your CV to: shermax.mt@gmail.com 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 PROVEN physical and psychological violence in marriage is a cause for sep- aration and the court has the discre- tion to 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, submit- ted in his application that he got mar- ried to the defendant, 20 years his jun- ior, in April 2015. He complained that he suffered from physical and psycho- logical violence from the defendant, so much so she was evicted from the mat- rimonial home, following a number of police reports. He therefore asked the Court to declare a separation for both parties. The Plaintiff filed an affidavit ex- plaining that he had met the defend- ant in 2011, when she was on holiday in Malta. From there blossomed a re- lationship, which resulted in him vis- iting her native country of Slovenia a number of times. The plaintiff had no interest in mar- riage, but the defendant insisted on this, and she put constant pressure on him to go ahead with it. He soon re- alised that he could not get rid of her, and began to fear for his safety. He described her as having an "evil streak". The plaintiff detailed how he gradually caved in to pressure, and agreed to mary the defendant. He de- scribes this to be the worst mistake of 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 paraphernal prop- erty to her son from a previous rela- tionship. Obviously, his assets were all paraphernal and purchasing anything was out of the question as it would be part of the community of acquests. From December 2015 And September 2017, the defendant was an aggressive, persistent annoyance to the plaintiff. She resisted any suggestion of them beginning to act as a normal couple. A violent episode also occurred, wherre money and property were discussed. The plaintiff eventually left his place of residence 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 grievous injury on the part of the other against the plaintiff, or against any of his or her children, or on the grounds that the spouses cannot reasonably be ex- pected to live together as the marriage has irretrievably brokendown". As demonstrated by Elisa Thompson -v- Edward Thompson, decided on 12 May 1925, there is no need for all ex- cesses, cruelty, threats or grievous in- jury to be proven, but just one instance of the above would need to be proven for the court to issue a separation. The Court quoted from numerous judge- ments that explained this article of law, such as Maria Mifsud -v- Vincen- zo Mifsud, which held that 'excesses' may refer to acts that could endanger the life of the other spouse. In Joanne Tabone pro et noe -v- Jesmond Tab- one of 3 October 2003, it was held that violence will bring about separation. The Court held that from the evi- dence produced, the plaintiff did suffer excesses, cruelty, threats and/or griev- ous injury from the defendant. Witnesses who know the plaintiff explained how he changed when he married the defendant and witnessed incidents between the two. They both had gone to a notary to transfer the plaintiff's money and property to the defendant's son, even though he was advised not to do this. Apart from the above, the plaintiff produced documentary evidence such as police reports. As to maintenance, in terms of Arti- cles 48 and 51 of the Civil Code, since the separation came about as a result of adultery and abandonment, then the consequences listed in Article 48 applies. This article reads: 48.(1) The spouse who shall have giv- en cause to the separation on any of the grounds referred to in articles 38 and 41, shall forfeit – (a) the rights established in articles 631, 633, 825, 826 and 827 of this Code; (b) the things which he or she may have acquired from the other spouse by a donation in contemplation ofmar- riage, or during marriage, or under any other gratuitous title; (c) any right which he or she may have to one moiety of the acquests which may have been made by thein- dustry chiefly of the other spouse after a date to be established by the court as corresponding to the datewhen the spouse is to be considered as having given sufficient cause to the separa- tion. (For the purposes of this paragraph in order to determine whether an acquest has been made by the indus- try chiefly of oneparty, regard shall be had to the contributions in anyform of both spouses in accordance with arti- cle 3 of this Code); d) the right to compel, under any circumstances, the other spouse to supply maintenance to him or her in virtue of the obligation arising from marriage. The Court held it will apply Article 51 which allows the Court to decide on the consequences in terms of Arti- cle 48. The Court then ordered that half an account which was opened by the de- fendant be passed on to the plaintiff. The Court also held that the former matrimonial home be declared as the plaintiff's paraphernal property, since it was financed by the inheritance of his parents. Cruelty in marriage has its consequences LAW Classifieds LAW CLASSIFIEDS