High Court of Malawi Civil Division - 1973

2 judgments

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2 judgments
Citation
Judgment date
December 1973
Decree nisi granted for divorce on proven adultery; collusion and condonation found absent; costs reserved.
Family law – Divorce – Adultery as ground for dissolution – Proof of adultery by evidence – Collusion and condonation as potential bars – Jurisdiction by domicile – Decree nisi pronounced; costs adjourned.
7 December 1973
February 1973
Whether alleged cruelty and resultant reactive depression constitute exceptional hardship permitting an early divorce petition.
Matrimonial law – early leave to present petition before three years – exceptional hardship standard – interlocutory assessment of affidavits (W v W) – cruelty and desertion – psychiatric evidence; absence of children and no prospect of reconciliation.
16 February 1973