<p>A 66-year-old British woman who says she is "desperately unhappy" in her 39 years of marriage has lost the latest round of an extraordinarily unusual court battle.<br /><br />Tini Owens asked the Court of Appeal to overturn a family court ruling, which said she could not divorce her husband Hugh Owens, 78.<br /><br />But the appeal judges, led by Sir James Munby, upheld the original ruling.<br /><br />However, the judge did point out that some people would feel unhappiness should be grounds for divorce.<br /><br />The decision means Owens will have to remain married, although after five years of separation she would be eligible for a divorce even if her husband still objected, the BBC reported.<br /><br />The couple married in 1978 and lived in Broadway, Worcestershire.<br /><br />The Court of Appeal heard that Tini Owens' case was that the marriage had broken down, although her husband disagreed, saying that the couple still had a "few years" to enjoy.<br /><br />But she contended that she had been left in a "wretched predicament", locked in a "loveless and desperately unhappy" marriage.<br /><br />She had made 27 allegations about the way he treated her, including that he was "insensitive" in his "manner and tone" and said she was "constantly mistrusted" and felt unloved.<br /><br />Opposing a family court ruling made last year by Judge Robin Tolson, who refused to grant a divorce petition on the basis her allegations were "of the kind to be expected in marriage", she took the case to the Court of Appeal.<br /><br />But today, Sir James - the most senior family court judge in England and Wales - said: "We cannot interfere with Judge Tolson's decision, and refuse the wife the decree of divorce she sought."<br /><br />He said Judge Tolson had correctly concluded that the marriage had not "in law" irretrievably broken down.<br /><br />However, the judge added: "Parliament has decreed that it is not a ground for divorce that you find yourself in a wretchedly unhappy marriage, though some people may say it should be."<br /><br />Appeal judges analysed the case at a hearing in London last month and announced their decision to dismiss the appeal in a written ruling. <br /><br /></p>
<p>A 66-year-old British woman who says she is "desperately unhappy" in her 39 years of marriage has lost the latest round of an extraordinarily unusual court battle.<br /><br />Tini Owens asked the Court of Appeal to overturn a family court ruling, which said she could not divorce her husband Hugh Owens, 78.<br /><br />But the appeal judges, led by Sir James Munby, upheld the original ruling.<br /><br />However, the judge did point out that some people would feel unhappiness should be grounds for divorce.<br /><br />The decision means Owens will have to remain married, although after five years of separation she would be eligible for a divorce even if her husband still objected, the BBC reported.<br /><br />The couple married in 1978 and lived in Broadway, Worcestershire.<br /><br />The Court of Appeal heard that Tini Owens' case was that the marriage had broken down, although her husband disagreed, saying that the couple still had a "few years" to enjoy.<br /><br />But she contended that she had been left in a "wretched predicament", locked in a "loveless and desperately unhappy" marriage.<br /><br />She had made 27 allegations about the way he treated her, including that he was "insensitive" in his "manner and tone" and said she was "constantly mistrusted" and felt unloved.<br /><br />Opposing a family court ruling made last year by Judge Robin Tolson, who refused to grant a divorce petition on the basis her allegations were "of the kind to be expected in marriage", she took the case to the Court of Appeal.<br /><br />But today, Sir James - the most senior family court judge in England and Wales - said: "We cannot interfere with Judge Tolson's decision, and refuse the wife the decree of divorce she sought."<br /><br />He said Judge Tolson had correctly concluded that the marriage had not "in law" irretrievably broken down.<br /><br />However, the judge added: "Parliament has decreed that it is not a ground for divorce that you find yourself in a wretchedly unhappy marriage, though some people may say it should be."<br /><br />Appeal judges analysed the case at a hearing in London last month and announced their decision to dismiss the appeal in a written ruling. <br /><br /></p>