S v S (Matrimonial Cause 30 of 2015) [2016] MWHC 739 (15 August 2016)

S v S (Matrimonial Cause 30 of 2015) [2016] MWHC 739 (15 August 2016)

The respondent contracted HIV through adultery and denied the petitioner sex for over a year without reasonable explanation, leading to the irretrievable breakdown of the marriage.

Citation
[2016] MWHC 739
Parties
Petitioner: J; Respondent: T S
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
15 August 2016
Case Number
Matrimonial Cause 30 of 2015
Procedural Posture
Matrimonial Cause / Judgment
Outcome
marriage dissolved; decree nisi granted; costs to petitioner
Legal Topics
Divorce, Adultery, Irretrievable Breakdown of Marriage, Child Maintenance
Source Language
English
Family Law Divorce Adultery Irretrievable Breakdown of Marriage Child Maintenance

Case Brief

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Parties

J

Petitioner

T S

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and the respondent should be dissolved

Ratio Decidendi

The respondent contracted HIV through adultery and denied the petitioner sex for over a year without reasonable explanation, leading to the irretrievable breakdown of the marriage.

Court Disposition

marriage dissolved; decree nisi granted; costs to petitioner

Orders

  • Marriage between petitioner and respondent dissolved
  • Decree nisi granted