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MALTATODAY 16 October 2022

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maltatoday | SUNDAY • 16 OCTOBER 2022 19 LAW CLASSIFIEDS LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE BALZAN (L/O LIJA) - direct from own- er a beautiful 3-bedroomed apartment in quiet area, large lounge/living room, separate kitchen/dining room, 2 bath- rooms (1 ensuite), 2 balconies, fully fit- ted kitchen, air-conditioned throughout, plenty of natural sunlight, 9 photovol- taic units, solar heater, tip top condi- tion. Freehold. Priced to sell. €330,000. Contact 99891750. 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 apart- ments. 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 maisonette. Three bedrooms; double glazed windows; inverter air con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. SITUATIONS VACANT CLEANER/HELPER - Torri Gardens Ltd, Lija requires a cleaner/helper on a full-time basis. The ideal candidate must have previous experience and be ready to work flexible hours. Apply tor- EXPERIENCED WAITER - required for busy hotel restaurant in Naxxar. Must be fluent in English, be able to work flexi- ble hours including weekends and pub- lic holidays. Min 2 years' experience in similar position. Call +35627988357 for more info - The Village Hotel LTD. RANGER LTD – requesting drivers for heavy goods vehicles. Contact us for fur- ther details by email: godwin@godwins- or tel: 21377007 SECURIT Y GUARDS - Kingdom Security Malta Ltd requires filling posi- tions as Security Guards. Applicants should be customer care orientated, smart and flexible for shift work. Kindly call on 21413777 THAI STREET FOOD COOK – Padthai Kitchen of Mosta is seeking the immedi- ate employment, on a full-time basis, of 2 Thai Street Food cooks. Their duties will include choosing the right ingredi- ents on the market, food preparation, and cooking of authentic Thai Street food dishes. The ideal candidates should be in possession of the appropriate catering qualifications. In the absence of qualifi- cations, a minimum of five years' expe- rience is required, in a similar Thai res- taurant working as a cook. A salary of €9,600 per annum is being offered to the suitable candidates. Interested candidates are to send their cv by email to padthai- with the words 'Thai Street Food Cook' by not later than Monday 5th November 2022. CLASSIFIEDS INFO @MEDIATODAY.COM.MT SPOUSES are bound at law to be faithful to each other, however, if one of the spouses is adulter- ous, this does not automatical- ly mean that that spouse is re- sponsible for the breakdown of the marriage. The Court must see all the circumstances of the case. This was held in a Family Court judgement delivered on 27 September 2022 by Mr Jus- tice Anthony Vella. The Husband filed an appli- cation before the Civil Court (Family Section) wherein he explained that he was married in Malta in 2014, and had no children. He blamed his wife for the breakdown of the marriage and asked the court to declare a separation and the divide the community of acquests. The Wife rebutted the allega- tion by saying that it was the Husband to blame for the cou- ple splitting up and in fact filed a counterclaim. The Wife held that in 2019 the Husband left for Greece and never returned. The Court pointed out that the bone of contention between the parties focused on the businesses they set up during marriage. The Court made reference to a pre- vious judgement Susan Armeni -v- Leonard Armeni decided by the Court of Appeal on 30 Oc- tober 2015, that marriage is in- tended to develop a relationship and that marriage demands a commitment. Article 40 of the Civil Code states: "Either of the spouses may demand 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 ground that the spouses cannot reason- ably be expected to live together as the marriage has irretrievably broken down" The Court further quoted from Jayne Margaret Chetcuti -v- Lawrence Chetcuti delivered by the Court of Appeal on 15 December 2015, in which the court held that not every defect amounts to excesses and cruelty. If these incidents are repetitive then the marriage would be difficult and unbear- able. This was echoed in Maria Mifsud -v- Vincenzo Mifsud decided by the First Hall of the Civil Courts on 30 June 1961. From the evidence produced the Court held that it was no longer possible that the Parties continue to live together, and they have been living apart for the past five years. In fact the Court applied Article 41 of the Civil Code which addresses desertion. The Parties may ap- ply for a separation if this takes place. The Husband claimed that the Wife was a liability to the business he ran, and she had an attitude problem with all those around her. The wife rebutted this and said she worked hard, and the real matrimonial prob- lem was that the Husband had a drinking problem. The Court held that from the evidence produced both were to blame for the breakdown of the marriage and it was a result of an accumulation of things. The wife had a relationship with her former boyfriend. The Court held that adultery is not an automatic declaration of fault for the marital breakdown. In this case the relationship started after the husband left home to go, the Greece to never return. The Court went back to an- alyse Article 41 and said there are two elements. The first is that the desertion must be for a period of two years or more and the second is that the desertion must happened without a valid reason. The Defendant left the matrimonial home six month before the mediation proceed- ings were filed. Therefore, since, two years did not elapse this ground was rejected. As a result, the responsibility laid on both the Parties equally. As to the community of acquests, the Parties has shares in three companies. The main disagreement was on one of the company, where the Husband claimed that the Wife was a lia- bility when she worked with the company. The Court held hat both contributed to this compa- ny. The Husband transferred a number of shares to a third par- ty in 2017 when the Parties were still living together. However, further shares were transferred to third parties in 2020, during the separation proceedings. The Court ordered that the Wife was to receive half the value of the shares transferred. As to the maintenance for the Parties Article 3 of the Civil Code: "Both spouses are bound, each in proportion to his or her means and of his or her ability to work whether in the home or outside the home as the in- terest of the family requires, to maintain each other and to con- tribute towards the needs of the family" Both Parties are capable of working and they should not look at marriage asa form of guarantee of an income or as an insurance. The Court then moved to ac- cept that the Parties be formally separated and split the commu- nity of acquest, but they will not receive maintenance from each other. Adultery should be automatically mean the responsibility of the breakdown of marriage

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