High Court of Malawi Civil Division - 1981

2 judgments

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2 judgments
Citation
Judgment date
April 1981
Applicant’s adultery and cruelty claims failed; respondent’s cross‑petition succeeded on circumstantial evidence proving applicant's adultery.
Divorce law – Adultery – Standard of proof for adultery by circumstantial evidence – Disposition and opportunity required – Confession/admission only evidence against the maker; Cruelty – single incident and self‑defence insufficient to render cohabitation dangerous; Decree nisi – custody adjourned.
6 April 1981
March 1981
Whether persistent adherence to a proscribed religious sect and leaving the home constitutes desertion justifying divorce.
Family law — Divorce — Desertion — Whether leaving matrimonial home owing to adherence to a proscribed religious sect constitutes desertion; constructive desertion and cruelty; evidential weight of conflicting testimony; decree nisi granted.
14 March 1981