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A 40-year-old man American man identified as David Ostrom has asked his ex-wife to a sword fight to settle their legal dispute, TheGuardian reports.

The unusual request stemmed from his feelings of frustration with his ex-wife’s lawyer Matthew Hudson.

Ostrom filed a court suit asking a judge for a duel by sword with his former wife, 38-year-old Bridgette Ostrom or someone she elects to fight as her champion.

In his filing, he says she can use her lawyer as a ‘stand-in fighter’ to battle him.

He told the Des Moines Register that he was inspired by a case in 2016 when New York Supreme Court Justice Philip Minardo admitted that duels had not been abolished.

In his filing, he says his wife had ‘destroyed [him] legally’. and he wants the judge to let the parties  ‘resolve our disputes on the field of battle, legally’, as trial by combat ‘has never been explicitly banned or restricted as a right in these United States’.

He is also asking the judge to rule for a 12 weeks time to allow him to find or make Japanese samurai swords as he does not have the swords yet.

Ostrom who is from Paola in Kansas said he wanted to settle things ‘on the field of battle where (he) will rend their souls from their corporal bodies’.

Mr Hudson filed a response by first correcting the spelling of the original motion, saying: “Surely (Ostrom) meant ‘corporeal’ bodies which Merriam Webster defines as having, consisting of, or relating to, a physical material body. ‘Although (Ostrom) and potential combatant do have souls to be rended, they respectfully request that the court not order this done.”

he said, adding: ‘I think I’ve met Mr Hudson’s absurdity with my own absurdity.’

Ostrom admitted that there is an error with the spelling but denied having issues with his mental health after Hudson asked that he be made to undergo psychological treatment.

Iowa District Court has not yet ruled on the motions.