A man has cited his wife's 'deformed' breasts as the reason for their failed marriage, in an attempt to reduce the amount he owed her during divorce proceedings.
The couple married in 1972, however the man told a court in Canberra that he did not see his wife's breasts until 1974, when he realised her physical disfigurement.
While he said he was unhappy in his marriage, he went on to have three children with the woman and they stayed married for nearly forty years.
The man told the court he only stayed with his wife because she was.....
pregnant and said their marriage was as good as over when he realised she had deceived him.
He claimed his wife avoided sex due to her disfigurement and used many excuses not to get close to him.
'I did not see her breasts, until late 1974 [when] I discovered [she] had a physical disfigurement,' the man said in a statement.
'If I had seen them before I would not have married her.
'Our marriage was doomed. If she had not been pregnant I would have sought a divorce in 1975.'
The man claimed he ended his marriage in 1999, however the court heard that the couple, submitted a tax return in 2002, slept in the same bed until 2006 and used the same credit card until 2007.
The court also heard that the couple put on a public display of unity, going on family holidays together, eating meals together and failed to tell any of their family members of their separation until 2011.
The man said they did have 'occasional' sex between 1975 and 1999, however he claimed it was not 'love making' and they were merely 'friends'.
'We weren't married in my mind,' he said.
'We were close friends. We ate together. We played cards together. We did lots of things together. Whether or not we were married or divorced would have made no difference.'
The woman disputed the man's claims, telling the court that they did not split until 2011, but the man said that he was unhappy for nearly forty years.
The judge said the woman's disfigurement was not a legal ground for divorce.
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