JH v LH (HC-MD-CIV-ACT-MAT 2654 of 2019) [2021] NAHCMD 133 (12 March 2021)

JH v LH (HC-MD-CIV-ACT-MAT 2654 of 2019) [2021] NAHCMD 133 (12 March 2021)

Plaintiff's account accepted as more reliable; defendant failed to prove immovable property was asset of joint estate; defendant entitled to rehabilitative maintenance and child maintenance at amounts determined by court; joint estate to be equally divided; ancillary relief granted as specified.

Citation
[2021] NAHCMD 133
Parties
Plaintiff: JH; Defendant: LH
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 March 2021
Case Number
HC-MD-CIV-ACT-MAT 2654 of 2019
Procedural Posture
Divorce / Judgment
Outcome
judgment for plaintiff
Legal Topics
Divorce, Constructive Desertion, Spousal Maintenance, Child Maintenance, Division of Joint Estate
Source Language
English
Family Law Divorce Constructive Desertion Spousal Maintenance Child Maintenance Division of Joint Estate

Case Brief

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Parties

JH

Plaintiff

LH

Defendant

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 which party proved malicious desertion
  2. 2 entitlement to restitution of conjugal rights
  3. 3 quantum and duration of spousal maintenance

Ratio Decidendi

Plaintiff's account accepted as more reliable; defendant failed to prove immovable property was asset of joint estate; defendant entitled to rehabilitative maintenance and child maintenance at amounts determined by court; joint estate to be equally divided; ancillary relief granted as specified.

Court Disposition

judgment for plaintiff

Orders

  • Order for restitution of conjugal rights in favour of plaintiff; defendant to return to or receive plaintiff by 28 April 2021, failing which to show cause on 19 May 2021 why marriage should not be dissolved.
  • Custody and control of minor child awarded to defendant, subject to plaintiff’s right of reasonable access.