Mtsuko v Mtsuko (Civil Cause 465 of 1985) [1985] MWHC 7 (30 October 1985)

Mtsuko v Mtsuko (Civil Cause 465 of 1985) [1985] MWHC 7 (30 October 1985)

Petitioner is entitled to alimony as she has no independent means and respondent's claimed deductions are not all permissible; only compulsory deductions such as tax and arrears are allowed, leaving sufficient income for alimony.

Citation
[1985] MWHC 7
Parties
Petitioner: Rose Mtsuko; Respondent: David Mtsuko
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
30 October 1985
Case Number
Civil Cause 465 of 1985
Procedural Posture
Civil Cause / Interlocutory Application for Alimony Pending Suit
Outcome
application granted
Legal Topics
Alimony, Judicial Separation, Maintenance, Custody
Source Language
English
Family Law Alimony Judicial Separation Maintenance Custody

Case Brief

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Parties

Rose Mtsuko

Petitioner

David Mtsuko

Respondent

Procedural Posture

Civil Cause / Interlocutory Application for Alimony Pending Suit

Legal Issues

  1. 1 Whether the petitioner is entitled to alimony pending suit
  2. 2 What deductions from respondent's salary are permissible in calculating alimony

Ratio Decidendi

Petitioner is entitled to alimony as she has no independent means and respondent's claimed deductions are not all permissible; only compulsory deductions such as tax and arrears are allowed, leaving sufficient income for alimony.

Court Disposition

application granted

Orders

  • Respondent to pay petitioner alimony at K100 per month from October 1985 until final decree.
  • First instalment to be paid on or before 31st October 1985, thereafter on or before last day of each succeeding month.