White v White (Civil Cause 144 of 1985) [1987] MWHC 20 (2 July 1987)

White v White (Civil Cause 144 of 1985) [1987] MWHC 20 (2 July 1987)

The respondent was found guilty of cruelty on two occasions, which justified dissolution of the marriage. The acts were not condoned, and even if condoned, were revived by subsequent cruelty. The cross-petition failed as evidence did not meet the legal threshold for cruelty.

Citation
[1987] MWHC 20
Parties
Petitioner: Nirmala Costley-White; Respondent: Ernest David Costley-White
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
2 July 1987
Case Number
Civil Cause 144 of 1985
Procedural Posture
Divorce Petition and Cross Petition / Judgment
Outcome
Petition allowed, cross-petition dismissed
Legal Topics
Divorce, Cruelty, Condonation, Custody
Source Language
English
Family Law Divorce Cruelty Condonation Custody

Case Brief

Summary, issues, holding and outcome

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Parties

Nirmala Costley-White

Petitioner

Ernest David Costley-White

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Judgment

Legal Issues

  1. 1 Whether the respondent treated the petitioner with cruelty justifying dissolution of marriage
  2. 2 Whether the petitioner condoned acts of cruelty
  3. 3 Whether the respondent's cross-petition for cruelty is substantiated

Ratio Decidendi

The respondent was found guilty of cruelty on two occasions, which justified dissolution of the marriage. The acts were not condoned, and even if condoned, were revived by subsequent cruelty. The cross-petition failed as evidence did not meet the legal threshold for cruelty.

Court Disposition

Petition allowed, cross-petition dismissed

Orders

  • Decree nisi pronounced dissolving the marriage
  • Respondent condemned in costs