EK v EK (3455 of 2015) [2018] NAHCMD 200 (3 July 2018)

EK v EK (3455 of 2015) [2018] NAHCMD 200 (3 July 2018)

The plaintiff proved constructive desertion by showing he was forced to leave due to the defendant's violent and unstable behavior. The best interests of the minor children require custody to be awarded to the plaintiff, as the defendant's mental health poses a risk. The joint estate is to be divided equally as both parties contributed and no evidence justifies deviation.

Citation
[2018] NAHCMD 200
Parties
Plaintiff: EK; Defendant: EK
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
3 July 2018
Case Number
3455 of 2015
Procedural Posture
Divorce / Judgment
Outcome
Judgment for plaintiff; restitution of conjugal rights granted; custody of minor children to plaintiff; joint estate to be divided equally; defendant's counterclaim dismissed; no order as to costs.
Legal Topics
Divorce, Custody of Children, Division of Joint Estate, Constructive Desertion
Source Language
English
Family Law Divorce Custody of Children Division of Joint Estate Constructive Desertion

Case Brief

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Parties

EK

Plaintiff

EK

Defendant

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down due to constructive/malicious desertion
  2. 2 Who should be awarded custody of the minor children
  3. 3 How the joint estate should be divided

Ratio Decidendi

The plaintiff proved constructive desertion by showing he was forced to leave due to the defendant's violent and unstable behavior. The best interests of the minor children require custody to be awarded to the plaintiff, as the defendant's mental health poses a risk. The joint estate is to be divided equally as both parties contributed and no evidence justifies deviation.

Court Disposition

Judgment for plaintiff; restitution of conjugal rights granted; custody of minor children to plaintiff; joint estate to be divided equally; defendant's counterclaim dismissed; no order as to costs.

Orders

  • Defendant to return to or receive the plaintiff on or before 31 July 2018, or show cause on 28 August 2018 why the marriage should not be dissolved, custody of minor children should not be awarded to plaintiff, and joint estate should not be divided.
  • Custody and control of minor children awarded to plaintiff subject to defendant’s reasonable access.