Vaux v Vaux (9 of 2006) [2007] MWHC 127 (27 December 2007)

Vaux v Vaux (9 of 2006) [2007] MWHC 127 (27 December 2007)

The evidence established acts of cruelty by the respondent, including psychological and physical abuse, neglect, and failure to provide for the petitioner and child. The petitioner is entitled to dissolution of marriage and the respondent is liable for maintenance of the child.

Citation
[2007] MWHC 127
Parties
Petitioner: Peng Aichun Vaux; Respondent: John Vaux
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
27 December 2007
Case Number
9 of 2006
Procedural Posture
Matrimonial Cause / Judgment
Outcome
petition for dissolution of marriage granted; maintenance orders issued
Legal Topics
Divorce, Maintenance, Child Custody, Domestic Violence
Source Language
English
Family Law Divorce Maintenance Child Custody Domestic Violence

Case Brief

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Parties

Peng Aichun Vaux

Petitioner

John Vaux

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to dissolution of marriage on grounds of cruelty
  2. 2 Whether the respondent should be ordered to pay maintenance for the child

Ratio Decidendi

The evidence established acts of cruelty by the respondent, including psychological and physical abuse, neglect, and failure to provide for the petitioner and child. The petitioner is entitled to dissolution of marriage and the respondent is liable for maintenance of the child.

Court Disposition

petition for dissolution of marriage granted; maintenance orders issued

Orders

  • The respondent shall be responsible for payment in full of the child’s school fees, clothing, and entertainment until the child reaches 18 years or completes secondary school education.
  • The petitioner shall be responsible for food, housing, medical contribution, and any other incidental expenses for the child.