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 -375-

Select target paragraph3