A S v L S (I 61 of 2015) [2015] NAHCNLD 30 (8 July 2015)

A S v L S (I 61 of 2015) [2015] NAHCNLD 30 (8 July 2015)

The court exercised its judicial discretion to grant a final decree of divorce without a Restitution of Conjugal Rights order due to credible threats of violence and risk to the plaintiff's safety, finding that the law should not be applied in a manner that endangers the vulnerable party.

Citation
[2015] NAHCNLD 30
Parties
Plaintiff: A………. N……… S………… (Born S………); Defendant: L………… S………..
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
8 July 2015
Case Number
I 61 of 2015
Procedural Posture
Divorce / Final Judgment
Outcome
final decree of divorce granted
Legal Topics
Divorce, Domestic Violence, Restitution of Conjugal Rights
Source Language
English
Family Law Divorce Domestic Violence Restitution of Conjugal Rights

Case Brief

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Parties

A………. N……… S………… (Born S………)

Plaintiff

L………… S………..

Defendant

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether a final decree of divorce should be granted without a Restitution of Conjugal Rights order due to threats and violence by the defendant.

Ratio Decidendi

The court exercised its judicial discretion to grant a final decree of divorce without a Restitution of Conjugal Rights order due to credible threats of violence and risk to the plaintiff's safety, finding that the law should not be applied in a manner that endangers the vulnerable party.

Court Disposition

final decree of divorce granted

Orders

  • The decree of divorce is granted with all the ancillary relief prayed for.