Mlenga v Mlenga (Civil Cause 93 of 1987) [1987] MWHC 23 (13 July 1987)

Mlenga v Mlenga (Civil Cause 93 of 1987) [1987] MWHC 23 (13 July 1987)

The petitioner proved, to the requisite standard, that the respondent's conduct constituted cruelty, causing injury and reasonable apprehension for her health, justifying dissolution of the marriage.

Citation
[1987] MWHC 23
Parties
Petitioner: Mercy Mlenga; Respondent: Alec Mlenga
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
13 July 1987
Case Number
Civil Cause 93 of 1987
Procedural Posture
Divorce Petition / Judgment
Outcome
decree nisi granted dissolving the marriage on grounds of cruelty
Legal Topics
Divorce, Cruelty, Custody, Maintenance
Source Language
English
Family Law Divorce Cruelty Custody Maintenance

Case Brief

Summary, issues, holding and outcome

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Parties

Mercy Mlenga

Petitioner

Alec Mlenga

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to cruelty justifying dissolution of marriage
  2. 2 Whether the petitioner proved cruelty to the requisite standard

Ratio Decidendi

The petitioner proved, to the requisite standard, that the respondent's conduct constituted cruelty, causing injury and reasonable apprehension for her health, justifying dissolution of the marriage.

Court Disposition

decree nisi granted dissolving the marriage on grounds of cruelty

Orders

  • Decree nisi dissolving the marriage between the petitioner and respondent
  • Custody and maintenance of children adjourned to Chambers