JHN v LTN (HC-MD-CIV-ACT-MAT 1963 of 2020) [2021] NAHCMD 227 (12 May 2021)

JHN v LTN (HC-MD-CIV-ACT-MAT 1963 of 2020) [2021] NAHCMD 227 (12 May 2021)

Both parties contributed to the irretrievable breakdown of the marriage; the defendant's conduct drove the plaintiff out, but the plaintiff's extra-marital affairs also played a role. The best interests of the minor children require custody with the defendant and reasonable access for the plaintiff at the defendant's premises. Maintenance and division of assets are to be shared equitably as per the parties' current possession and ability.

Citation
[2021] NAHCMD 227
Parties
Plaintiff: J H N; Defendant: L T N
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 May 2021
Case Number
HC-MD-CIV-ACT-MAT 1963 of 2020
Procedural Posture
Divorce / Final Judgment
Outcome
Divorce granted; marriage dissolved; custody and maintenance orders issued; assets and liabilities retained by each party; no order as to costs.
Legal Topics
Divorce, Custody, Maintenance, Division of Assets
Source Language
English
Family Law Divorce Custody Maintenance Division of Assets

Case Brief

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Parties

J H N

Plaintiff

L T N

Defendant

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down and who is responsible for the breakdown
  2. 2 Custody and access arrangements for the minor children
  3. 3 Maintenance obligations for the minor children

Ratio Decidendi

Both parties contributed to the irretrievable breakdown of the marriage; the defendant's conduct drove the plaintiff out, but the plaintiff's extra-marital affairs also played a role. The best interests of the minor children require custody with the defendant and reasonable access for the plaintiff at the defendant's premises. Maintenance and division of assets are to be shared equitably as per the parties' current possession and ability.

Court Disposition

Divorce granted; marriage dissolved; custody and maintenance orders issued; assets and liabilities retained by each party; no order as to costs.

Orders

  • Plaintiff's adultery condoned
  • Marriage dissolved