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High Court of Malawi Family and Probate Division - 2021

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1 judgment
May 2021
Chiluwe v Chiluwe (Matrimonial Cause 9 of 2019) [2021] MWHCFam 1 (19 May 2021)
Divorce granted on cruelty proved; desertion not established; parties to file custody submissions; no costs order.
  • Family law — Divorce jurisdiction under (repealed) Marriage Act and Divorce Act — Domicile requirement — Cruelty as ground for divorce — Legal test for cruelty (conduct rendering continued cohabitation and conjugal duties unbearable) — Desertion: statutory three-year separation, intention and consent requirements — Collusion and connivance.
19 May 2021