‘Til odour do us part: Wife sues hubby for more than R300 000 for not showering

In a case from Turkey, a man was slapped with a divorce suit initiated by his wife, who cited his poor personal hygiene as the primary cause of their marital woes.

According to reports, the wife presented compelling evidence, including testimonials from witnesses, to substantiate her claims.

ALSO READ: Too expensive to divorce: warring spouses can’t afford separation costs

Allegedly, the husband was accustomed to wearing the same clothing for extended periods, rarely engaged in proper washing practices, and emitted an unpleasant odour due to excessive perspiration.

The woman, represented by her lawyer, argued in the family court that the husband’s neglect of personal cleanliness had rendered their shared life unbearable.

The lawyer argued that, in a marital union, spouses are obligated to fulfil the responsibilities of a shared life. When such obligations are compromised, it can provide legal grounds for divorce.

Witnesses, including common acquaintances and the husband’s co-workers, reportedly corroborated the wife’s assertions by attesting to the man’s subpar personal hygiene.

ALSO READ: Programme to improve hygiene and sanitation at schools

This collective testimony seemingly played a crucial role in persuading the court that the husband’s hygiene habits were indeed a significant detriment to the marriage.

The Regional Court of Justice and the Supreme Court of Appeals, in their final decision, deemed the husband’s poor personal hygiene as acceptable grounds for divorce. The judge also ordered the husband to pay her 500,000 Turkish lira (around R310 000).

ALSO READ: ConCourt declares section of Divorce Act unconstitutional

Meanwhile in South Africa:

1. How you are married influences how you will get divorced

In South Africa, a marriage is recognised as either a civil marriage, a civil union, or a customary marriage. Civil marriages come to an end using the Divorce Act, while customary law marriages dissolve using the Divorce Act and additional conditions as may be relevant.

2. Your reasons determine whether you are legally entitled to divorce

You do not need your spouse’s permission to get a divorce.

According to the Divorce Act, spouses may divorce once their relationship has irretrievably broken down, or when one has cheated on the other.

A South African government website’s article, How to get divorced, explains that a marriage will have broken down irretrievably once the spouses can prove that they no longer live together and that there is no chance of resolving their differences.

Additional, less prevalent grounds for divorce include when one party has been imprisoned and declared a habitual criminal or if either party has been in a mental health facility for at least two years, with no real prospect of recovery. Another is if one of the spouses has been unconscious for at least six months, without hope of recovery.

3. To get, or not to get, legal advice

South Africans who want to get divorced are usually advised to get legal assistance. This does not mean, however, that it is impossible to get divorced without having to incur legal fees. Ultimately, the decision on whether or not to get an attorney is up to you.

DIY divorce may be an option when the divorce is:

• uncontested,
• when it is simple,
• when the parties have been married for a short time,
• or when they do not have substantial assets to divide.

It may also be the preferable option when there are no disputes regarding any children.

If you realise that you need legal assistance, but do not have the funds, you may qualify for free legal advice offered by the Legal Aid Board. You may also approach your nearest university’s law faculty to determine whether you qualify to benefit from their assistance.