Khali v Khali (CIV/T 653 of 2011) [2015] LSHC 21 (16 March 2015)

Khali v Khali (CIV/T 653 of 2011) [2015] LSHC 21 (16 March 2015)

The plaintiff failed to prove entitlement to judicial separation or maintenance, having deserted the defendant and not substantiated her claims. The defendant proved grounds for divorce based on plaintiff's adultery and desertion. Custody is awarded to the defendant as he has consistently maintained the children and the plaintiff has not resided with them.

Citation
[2015] LSHC 21
Parties
Plaintiff: Khoboso ‘Matsikane Khali; Defendant: Marotholi Khali
Court
High Court
Jurisdiction
Lesotho
Judgment Date
16 March 2015
Case Number
CIV/T 653 of 2011
Procedural Posture
Civil / Judgment
Outcome
Defendant granted final decree of divorce on grounds of adultery and malicious desertion by plaintiff. Plaintiff's claims for judicial separation and maintenance refused. Custody of minor children awarded to defendant. Division of joint estate ordered. Each party to bear own costs.
Legal Topics
Judicial Separation, Divorce, Maintenance, Custody, Matrimonial Property
Source Language
English
Family Law Judicial Separation Divorce Maintenance Custody Matrimonial Property

Case Brief

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Parties

Khoboso ‘Matsikane Khali

Plaintiff

Marotholi Khali

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to judicial separation on grounds of adultery
  2. 2 Whether the defendant is entitled to divorce on grounds of plaintiff's adultery and desertion
  3. 3 Whether the plaintiff is entitled to maintenance for herself and the children

Ratio Decidendi

The plaintiff failed to prove entitlement to judicial separation or maintenance, having deserted the defendant and not substantiated her claims. The defendant proved grounds for divorce based on plaintiff's adultery and desertion. Custody is awarded to the defendant as he has consistently maintained the children and the plaintiff has not resided with them.

Court Disposition

Defendant granted final decree of divorce on grounds of adultery and malicious desertion by plaintiff. Plaintiff's claims for judicial separation and maintenance refused. Custody of minor children awarded to defendant. Division of joint estate ordered. Each party to bear own costs.

Orders

  • Final decree of divorce granted to defendant.
  • Custody of minor children awarded to defendant with reasonable access to plaintiff.