A Kansas man has requested that a judge allow him and his ex-wife to engage in a sword fight to resolve their ongoing legal dispute — but only after he is able to secure some Japanese samurai swords.

David Ostrom made the request in a court filing earlier this month arguing that his former wife, Bridgette Ostrom of Iowa, and her attorney had “destroyed (him) legally”.

Mr Ostrom argued that the judge could let the parties “resolve our disputes on the field of battle, legally,”

He added that trial by combat “has never been explicitly banned or restricted as a right in these United States.”

The odd request follows as the Ostroms have engaged in a lengthy dispute over custody and visitation issues, as well as over property tax issues.

Battle-scarred Viking swords go on sale Show all 5 1 /5 Battle-scarred Viking swords go on sale Battle-scarred Viking swords go on sale Untitled-4.jpg A collection of battle-scarred Viking swords are being auctioned by Bonhams Battle-scarred Viking swords go on sale Lot 55 Viking .jpg Lot 55, Viking sword Battle-scarred Viking swords go on sale Lot 57 Viking sword.jpg Lot 57, Viking sword Battle-scarred Viking swords go on sale Lot 54Viking.jpg Lot 54, Viking sword Battle-scarred Viking swords go on sale Lot 57 .jpg Lot 57, Viking sword

Mr Ostrom told the Des Moines Register that his frustrations stem from his ex-wife’s attorney, Matthew Hudson.

“I think I’ve met Mr Hudson’s absurdity with my own absurdity,” he said, adding that he would be alright with his ex-wife choosing her lawyer as a stand-in during the battle.

Mr Hudson, in his response, argued that because a duel could result in death “such ramifications likely outweigh those of property tax and custody issues”.

He asked that the judge dismiss the motion.

The judge said in his response that he won’t make any decision soon, citing irregularities in the filings by both clients.