File No. 7C/203/2006

On August 4, 2006 Ms. M. G. (the “Claimant”) filed an action with the District Court Prešov against her husband, Mr. F. G. (the “Defendant”) requesting that his right to use the common household be revoked. The court ruled to revoke the Defendant’s common right to use the household and found the Defendant guilty of the criminal offence of making a dangerous threat under Section 360 (1) of the Criminal Code and sentenced him to imprisonment for six months. The Defendant, under the influence of alcohol, threatened to throw the Claimant off the balcony and forced her by violence to leave the house. During the trial, the Claimant’s allegations regarding the violent behavior of the Defendant were supported by the testimonies of both children of the disputing parties. According to an expert opinion, the Defendant was suffering from alcohol addiction and in need of medical treatment, which was later ordered by the court. Pursuant to Section 705a of the Civil Code, if further co-habitation with a spouse, divorced spouse or close person who is a common user of the same household becomes insufferable due to his / her physical or psychological violence or threats thereof, the court may, upon a petition, revoke or limit such violating party’s right to use such common household. In this case, the District Court in Prešov revoked the Defendant’s common right to use the household under the abovementioned provision of the Civil Code.