Da Silva v Da Silva (3 of 2005) [2007] MWHC 124 (19 December 2007)

Da Silva v Da Silva (3 of 2005) [2007] MWHC 124 (19 December 2007)

The petitioner proved desertion by the respondent for over eight years without reasonable cause, intention to remain separated, and absence without consent. The claim of cruelty was not sufficiently supported, but desertion alone justified dissolution.

Citation
[2007] MWHC 124
Parties
Petitioner: Jose Da Silva; Respondent: Angela Da Silva
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
19 December 2007
Case Number
3 of 2005
Procedural Posture
Matrimonial Cause / Judgment
Outcome
decree nisi of divorce granted
Legal Topics
Divorce, Desertion, Cruelty
Source Language
English
Family Law Divorce Desertion Cruelty

Case Brief

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Parties

Jose Da Silva

Petitioner

Angela Da Silva

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to dissolution of marriage on grounds of desertion and cruelty

Ratio Decidendi

The petitioner proved desertion by the respondent for over eight years without reasonable cause, intention to remain separated, and absence without consent. The claim of cruelty was not sufficiently supported, but desertion alone justified dissolution.

Court Disposition

decree nisi of divorce granted

Orders

  • Costs be in the cause