The Petition filed before this Court shows that the Petitioner and the Respondent married on the 18th day of August 2000 at the Registrar General’s Office at Blantyre in the Republic of Malawi. The Petitioner and the Respondent,
the Petition shows, have since the celebration of their marriage lived and cohabited in Chilomoni Township in the City of Blantyre
of the said Republic of Malawi. Further, it is noted that both parties are domiciled in Malawi. At the time of filing the Petition
there was only one issue of the marriage Isabel Nyirenda a girl of three(3) years. There are now two children born out of this marriage.
It is also common cause that the Petitioner is employed while the Respondent is not
in employment. Moreover, the Petition on file discloses that there have been no previous proceedings in this Court, or any subordinate
Court, involving the marriage between the Petitioner and the Respondent. Further, the Petition shows that the Petitioner has not
connived or colluded with the Respondent in presenting or prosecuting this petition for divorce.
The Petitioner is praying that this Court should dissolve her marriage with the Respondent
on ground of cruelty. She has, in this regard, given the particular of cruelty. Moreover, the Petitioner denies condoning, or being an accessory to, the cruelty set forth in the petition for divorce.
The only evidence that this Court received is that of the Petitioner. Since she was
not cross examined, her evidence uncontroverted.
The Petitioner told this Court that she wants her marriage dissolved on ground of
cruelty. It was her testimony that the Respondent beat her when she was 27-28 weeks pregnant. The beating occurred on 18th October 2003. She produced in evidence a medical report to confirm the beating and that she was attended to by a Medical Practitioner
after the incident.
The Petitioner further told this Court that at one time the Respondent spat at her.
The above was the testimony in support of the petition for divorce. The testimony
of the Petitioner stands undisputed.
Findings and Law
This Court finds that there has been no collusion in the presentation of this petition.
Further, it is the finding and conclusion of this Court that, with the uncontested testimony of the Petitioner, it is clear that
the Respondent inflicted bodily injury upon the Petitioner. It is settled law that a party to a marriage will be guilty of cruelty
where he/she inflicts bodily injury upon another party or where a party has conducted himself/herself towards another so as to render
continued habitation dangerous. What the Respondent did to the Petitioner amounts to cruelty of the highest order especially if seen in the light of the fact that
the assault occurred when the Petitioner was 26-28 weeks pregnant. Accordingly, there is no doubt in this Court’s mind that
the Respondent conducted himself towards the Petitioner in such a manner as to endanger the health of the Petitioner. Thus, the Petitioner
has proved her case against the Respondent. Further, on the evidence on record, this Court finds and concludes that the Petitioner
did not condone the conduct of the Respondent.
For the reasons given above, I find no bar to my granting a decree nisi for the dissolution
of her marriage to the Respondent. It is so ordered. As regards the issue of maintenance and custody of the issues of the marriage
it is this Court’s view that the same should be dealt with in Chambers.
Finally, the Court orders that the Respondent pays the Petitioner the costs of these
Pronounced in open Court this 12th day of July 2004 at the Principal Registry, Blantyre.