X and Y were married seven years ago, when they were both 50, but unknown
to Y, X’s hobby was the keeping of reptiles, including a snake. Y was terrified
of the snake and threatened to leave if X did not get rid of the snake. X was
very fond of his snake, and felt Y was being unreasonable in forcing him to
choose between her and his snake. X refused to get rid of the snake, offering
instead to confine it to the spare room, but six months later Y stormed out of
the matrimonial home. X did not hear from Y for several months, and only heard
of her whereabouts when he was contacted by a mental hospital where Y was
a patient. X visited Y frequently in hospital, but Y was suffering from insane
delusions about snakes. After six months in hospital, Y was discharged to be
cared for by X, but refused to return home to X whilst he still had the snake.
X and Y have not lived in the same house for the past six and a half years, and
X now wishes to divorce Y. Y is opposed to the divorce as she is concerned
about her financial situation should she lose her rights to her inheritance after
X’s death.
Advise X on his position under the present law.

Solution

Divorce is a procedural matter in law, and the courts determine its unique dynamics. Among the admissible grounds for divorce are adultery, desertion, separation, and irrational behavior. In this case, X has two factual grounds on which he can base his divorce case. X can factually cite desertion and separation as reasonable grounds for seeking a divorce. In law, divorce is a remedy where the accused person has deserted the plaintiff for more than two consecutive years. Desertion can happen even where the parties continue residing under one roof if there are two households. Desertion encompasses the withdrawal from different marriage obligations even…………please follow the link below to purchase the solution at $5