Datch v Datch & Anor. (Civil Cause 11 of 2005) [2008] MWHC 24 (22 January 2008)

Datch v Datch & Anor. (Civil Cause 11 of 2005) [2008] MWHC 24 (22 January 2008)

The petitioner proved beyond reasonable doubt that the respondent committed adultery with the co-respondent, and there was no evidence of collusion, connivance, or condonation. The petitioner is entitled to a decree nisi for divorce, custody of the child, and maintenance.

Citation
[2008] MWHC 24
Parties
Plaintiff: Christina Datch; Respondent: Daniel Datch; Co Respondent: Lizzie Magela
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
22 January 2008
Case Number
Civil Cause 11 of 2005
Procedural Posture
Divorce Petition / Judgment
Outcome
Decree nisi for divorce granted; custody of the child granted to petitioner; respondent ordered to pay maintenance and school fees; each party to bear own costs.
Legal Topics
Divorce, Adultery, Child Custody, Maintenance
Source Language
English
Family Law Divorce Adultery Child Custody Maintenance

Case Brief

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Parties

Christina Datch

Plaintiff

Daniel Datch

Respondent

Lizzie Magela

Co Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent committed adultery justifying dissolution of marriage
  2. 2 Whether the petitioner is entitled to custody and maintenance of the child

Ratio Decidendi

The petitioner proved beyond reasonable doubt that the respondent committed adultery with the co-respondent, and there was no evidence of collusion, connivance, or condonation. The petitioner is entitled to a decree nisi for divorce, custody of the child, and maintenance.

Court Disposition

Decree nisi for divorce granted; custody of the child granted to petitioner; respondent ordered to pay maintenance and school fees; each party to bear own costs.

Orders

  • Decree nisi for divorce granted
  • Custody of the child Yankho Datch granted to the petitioner