GAJEWSKI v. POLAND
Inadmissible
András Sajó;Iulia Motoc;Krzysztof Wojtyczek;Marko Bošnjak;Paulo Pinto De Albuquerque;Vincent A. De Gaetano;Gabriele Kucsko-Stadlmayer
1. The applicant, Mr Piotr Kazimierz Gajewski, is a Polish national, who was born in 1965 and lives in Ostróda. 2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska of the Ministry of Foreign Affairs. 3. The facts of the case, as submitted by the parties, may be summarised as follows. 4. In 1989 the applicant married A. They have three children, born in 1990, 1995 and 1996. 5. In 2008 the applicant began a relationship with J.Z., his supervisor at work. In November 2008 the applicant moved out of the flat he had lived in with his family. At the request of his children he attempted to reconcile with A. and later moved back in for a week. However, he subsequently decided to continue his relationship with J.Z. 6. Since November 2008 he has been living with J.Z., her three children and her grandson. 7. On 23 April 2009 A. applied for child maintenance. 8. On 10 July 2009 the Ostróda District Court ordered the applicant to pay 750 Polish zlotys (PLN) per month for his three children (approximately 187 euros (EUR)). 9. On 24 August 2008 the applicant filed a petition for divorce. He asked the court to declare that both parties were at fault for the breakdown of the marriage. 10. On 23 March 2010 the Elbląg Regional Court refused to grant the divorce. It found that A. was a very good mother and wife and was not at fault for the breakdown of the marriage. She still loved her husband and was ready to forgive him for his affair. The court stressed that the applicant was the only person responsible and at fault for the breakdown of his marriage, and referred to the fact that his wife had not agreed to a divorce. It was decided that a divorce was not legally permitted in their case. Lastly, the court referred to the fact that the applicant’s two children were still minors and held that a divorce would not be in their best interests. 11. The applicant appealed. 12. On 7 September 2010 the Gdańsk Court of Appeal upheld the firstinstance judgment, holding that the applicant’s wife was not at fault for the breakdown of the marriage. The judgment subsequently became final. A cassation appeal in the Supreme Court was not available. 13. On 27 July 2011 A. initiated a new set of proceedings. She applied to the Elbląg Regional Court for a formal separation from the applicant. She also sought the payment of child maintenance. 14. In a written reply of 25 September 2011 the applicant did not agree to a separation and asked the court to declare the parties divorced. 15. During a hearing of 12 October 2011 A. agreed to a divorce at the applicant’s exclusive fault. The applicant declared that he was at fault and agreed to the arrangements for child maintenance proposed by A. 16. Consequently, by a judgment of 12 October 2011 the marriage was dissolved. Neither party appealed. The judgment was final.