Chilinkholi v Chilinkholi (Civil Cause 504 of 1979) [1988] MWHC 1 (21 March 1988)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 504 OF 1979 BETWEEN: JOYCE J. CHILINKHOLI oo. ec eee esse ence eees . PETITIONER a ~ and - GELSO A. CHILINKHOLT 1... -cccenseceeeetariaua RESPONDENT = and - FLORA SALIFU ...... cee eee ce eee eee go tae wa a CO-RESPONDENT CORAM: MTEGHA, J. Kondowe, Counsel for the Petitioner . Respondent, absent, unrepresented Manda, Court Reporter Chigarny Official Interpreter rr JUDGMENT The petitioner in this case Joyce Chilinkholi is seeking the dissolution of her marriage to Celso: Chilinkholi, the respondent, on the grounds of adultery with the co-respondent, Flora Salifu. The petitioner, who comes from Mdoka Village, :T. Ajy Chikowi in Zomba District is a nurse/midwife at Queen Elizabeth Central Hospital. The respondent is working for Malawi Railways and comes from Kasungu Dis Sree. “Se “ This petition is undefended, and/ as much I must guard against collusion. However, there appears to be no evidence of such a collusion. I also note that both the petitioner and respondent are MalawWians domiciled here in Malawi. This court has, therefore, jurisdiction to hear this petition. oc The only witness was the petitioner. herself. Shes told the court that on 6th July, 1971, she got married to the respondent at the Registrar General's Office. A certificate to this effect was issucd Exh. P1. Thereafter they lived in “Blantyre, Thyolo, Nsanje and Lilongwe. There are no jesues of the marriage. In the course of living together a djspute arose and respondent chascd her away from the matrimonial home. On 2nd October, 1982, she went to her parents in Zomba ang when she came back rhe was told to go back because the respapdent a 27 od aw ame fy u Os fs 1S». fp FP . Am, if Mn, had another wife. Sho knows the woman as Flora Salifu, the co-respondent. The respondent and co-respondent are living together and have two children while she ig living alone at Chilomoni. Ag such, she wants a divorce. Now, ag it has been stated on several occasions, it is not casy to prove adultery by direct evidence since it is committed in private. In the present case there is evidence that the respondent and co-respondent are living together and have two children from this adulterous agesociation. In my judgment, the petitioner has proved adultery. I grant her a decree nisi that her marriage to the respondent be dissolved on grounds of adultery. I also condemn the respondent to pay costs for these proccedings. PRONCUNCED in open Court this 21st day of March, 1988, at Blantyre. H. M. Mtcgha JUDGE