Peter John Burt v. Christine Hassnoot Burt, Matr. Cause 3-D-68, 11/6/68, Biron J.

 

Peter John Burt v. Christine Hassnoot Burt, Matr. Cause 3-D-68, 11/6/68, Biron J.

This was an application for leave to present a petition for divorce, before the expiry of three years since the date of the marriage. The grounds for the application were unusual hardship and unusual depravity” --- i.e., that applicant’s wife was living with another man by whom she had had a child, forcing applicant to “live the life of a bachelor.” Applicant came to Tanzania from Britain in 1966 on an entry permit due to expire in November, 1968. His job with a local company was to terminate on 30 September, 1968, and he stated that “he has no relative or friend in this country……

            Held: (1) Applicant has not acquired a domicile of choice in this country, “nor apparently is he in a position to do so.” The Court therefore has no jurisdiction to entertain this matrimonial suit. (2)The Court stated, obiter, that the applicant’s allegation of unusual depravity and hardship was “not particularly compelling.”