marriage was due to "diverging convictions of life" ana could be deemed
definitive from the moment the wife left the conjugal residence in
March 1977. The Court of Appeal rejected a new claim put forth by the author,
i.e. that her husband had had extramarital affairs since 1977 and was
therefore responsible for the failure of their marriage. Furthermore, the
Court of Appeal ordered a hearing in order to collect information in respect
of two other claims concerning the loss of pension rights and the dismissal of
the author's application for maintenance.
2.5 On 15 October 1982, the Supreme Court rejected the author's further
appeal, which was based on the argument that the Court of Appeal had unjustly
considered her to have left the conjugal residence in March 1977, and that the
affairs of her husband were merely a symptom of the irrevocable breakdown of
the marriage.
2.6 In the proceedings, the date of departure from the conjugal residence was
determined, on the basis of a letter of 20 August 1980, which the author had
addressed to the lawyer representing her before the District court of
Zutphen. The author claims that her lawyer erred in disclosing the contents
of this letter, that it should have been excluded from the proceedings, and
that the judgements which followed should have been set aside.
2.7 Her arguments were rejected by the Court of Appeal on 22 June 1983. It
stated, inter alia, that the action of the legal representative did not
prejudice her case, since the precise date of abandoning the conjugal
residence was not considered to be pertinent; the departure was merely a
symptom, but not the cause, of the irrevocable breakdown. On 3 February 1984,
the Supreme Court dismissed the author's appeal against the latter decision.
2.8 By yet another interlocutory judgement of 27 February 1985, the Court of
Appeal rejected the author's claim concerning the alleged loss of pension
rights, thereby confirming the judgement of the District Court of
9 October 1980. However, the Court ordered another hearing in connection with
the request for maintenance.
2.9 Finally, on 13 Hoverriber 1985, the Court of Appeal rejected the author's
request for maintenance. L.E.S.K. submitted her case to the European
Commission of Human Rights, On 17 December 1987, the Commission concluded
that the author had not exhausted all domestic remedies, as she could have
appealed against the judgement of 27 February 1985. The complaint against her
lawyer based on violation of his professional obligation was deemed
inadmissible as incompatible ratione personae. The allegation of a violation
of article 8 of the European Convention, concerning the use as evidence of the
letter of 20 August 1980, was rejected as manifestly ill-founded.
Complaint
3.1 The author complains that she was denied due protection of the law, which
led to various violations of her human rights. She contends that the
Netherlands judicial authorities discriminated against her "by ignoring her
ethical points of view and attitudes during the proceedings". More
specifically, she complains that her contention was not duly heard that she
never left the conjugal residence as such, but that the divorce proceedings
were initiated by her husband in order to force her to sell their house. The
author further contends that the letter of 20 August 1980 was used as evidence
of her deliberate abandonment of the common home, whereas it had never been
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