A woman, who claimed her husband pinned her down and forced his penis into her mouth, was refused a barring order against him at Athy District Court.
The couple, who cannot be named for legal reasons, both appeared for Athy District Court before Judge Bernadette Owens court on Tuesday, June 12.
The court heard that the wife is scared of her husband, who she claimed has been abusing her for four and half years.
She said the abuse included sexual harassment, which occurred on July 23, 2017. The woman told the court her husband came in front of her as she was watching TV. He then pinned her down and opened up his zip and tried to force his penis into her mouth. She said that he blocked the windows but she escaped through a door.
She also said that on December 27, 2017, he threw her against the wall over a row about the microwave, which she wanted moved from the sitting room to the kitchen due to cooking smells.
The man denied all allegations. He was in court seeking maintenance of €150 a week from his wife who works full-time, earning €420 a week. He is on disability allowance living on €64 a week. He said he gave her €3,000 in 2013.
The court heard that the wife never mentioned the sexual harassment to the gardai although she did complain about the microwave incident.
The husband told the court that there was no sexual impropriety. He said that since they got married several years ago, they have only had sex a handful of times. He said that there is no love left in the marriage and admitted to having a girlfriend at one point. He said that he had tried to help her move the microwave when she fell backwards into the chair. He no longer uses the microwave but has since bought a camping stove and cooks outside in the garden.
"I don't love her," he said. "She won't give me any money and now she wants the house in my name. She is forcing me out of my home."
Judge Owens refused both applications saying that both parties had an "underlying agenda" and proceeded to strike out the case.