Lopes v Lopes (9 of 2007) [2007] MWHC 212 (31 December 2007)

Lopes v Lopes (9 of 2007) [2007] MWHC 212 (31 December 2007)

The petition for divorce on the ground of unreasonable behavior fails as the conduct did not amount to cruelty at law and was mutual. The cross-petition for divorce on the ground of adultery succeeds as the Petitioner admitted to adultery.

Citation
[2007] MWHC 212
Parties
Petitioner: Carl Lopes; Respondent: Karima Icram Lopes
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 December 2007
Case Number
9 of 2007
Procedural Posture
Matrimonial / Judgment
Outcome
Petition dismissed, cross-petition granted, decree nisi for dissolution of marriage issued
Legal Topics
Divorce, Adultery, Unreasonable Behavior, Custody
Source Language
English
Family Law Divorce Adultery Unreasonable Behavior Custody

Case Brief

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Parties

Carl Lopes

Petitioner

Karima Icram Lopes

Respondent

Procedural Posture

Matrimonial / Judgment

Legal Issues

  1. 1 Whether the marriage should be dissolved on the ground of unreasonable behavior by the Respondent
  2. 2 Whether the marriage should be dissolved on the ground of adultery by the Petitioner

Ratio Decidendi

The petition for divorce on the ground of unreasonable behavior fails as the conduct did not amount to cruelty at law and was mutual. The cross-petition for divorce on the ground of adultery succeeds as the Petitioner admitted to adultery.

Court Disposition

Petition dismissed, cross-petition granted, decree nisi for dissolution of marriage issued

Orders

  • Decree nisi for dissolution of marriage between Carl Lopes and Karima Icram Lopes
  • Custody adjourned to Chambers