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High Court of Malawi Family and Probate Division - 2022 January

2 judgments
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2 judgments
January 2022
Giramata v Habimana and Another (Matrimonial Cause 16 of 2020) [2022] MWHCFam 10 (10 January 2022)
Decree nisi granted for divorce on cruelty; adultery not proved and statutory compensation unavailable.
  • Family law — applicable statute for pre‑2015 marriages — MDFRA Part LX only; jurisdiction — domicile of choice; divorce — cruelty standard, condonation and collusion; adultery — insufficiency of suspicion and unauthenticated evidence; compensation not available under Divorce Act.
10 January 2022
Giramata v Habimana and Another (Matrimonial Cause 16 of 2020) [2022] MWHCFam 12 (10 January 2022)
Decree nisi granted for cruelty; adultery unproven; custody and property distribution left undecided.
  • Family Law —  Divorce
    • — Applicable law and jurisdiction — Part IX of MDFRA; Divorce Act governs pre-commencement marriages; domicile of choice requirement
    • — Cruelty — Intentional conduct making cohabitation unreasonable; condonation examined and not found
    • — Adultery — Proof generally by strong circumstantial evidence or corroboration; mere suspicion or resemblance insufficient
10 January 2022