Masangano v Masangano (Civil Cause 412 of 1979) [1979] MWHC 2 (3 November 1979)

CIVIL CAUS? Fo. 412 of 1979 JOYCE MASANGANO rr: aasaite PETIT IONSE and HSENTREC MAS ALGANO ce ota BESPONTERT CORAM: VILLIERA, J. Por the Petitioner: Mbalame, Frincipal Legal Aid Advocate hhespondent present: unrepresented Nsandu: Official Irterpretar Kelly: Court Reporter This is a petivior by Joyce Masangano for the dissolution of her marriage with the respondent, Herérec Masarngano, and for the custody of the four children of the marriavze. The petition is presented on the grourd that since the celebratior of the marriage the respondent has treated the petitioner with cruelty and that the petitioner has thereby suffered injury to her health. The petitioner and respondent were married at the office of the Fegistroar General at Blantyre on the 22nd Iecember 1973 and thereafter they co-habited at divers places ir Malawi and finally at Chimwaukhunda location in the City of Blantyre. There are four chilcren of the marriage and I am satisfied from the petitioner's evidence that both the petitioner and respondent are Malawi citizens and that they are therefore domiciled in Malawi. The marriage between the petitioner and respondent appears to have been a reasonably satisfactory one until the 5th November 1976, when it is alleged by the petitioner thet the respondent twisted her hand and assavlted her. As a resvlt of this ill-treatment the petitioner left the matrimonial home oi the following day and has never since returned to it. The petiticner's mother gave eviderce and stated that on the 6th Movember 197% she observed the petitioner with a swollen hand. Although the respondent is said in the petition tc be a man of violent and ungovernable temper there is io evidence to irdicate that prior tc the incident on the 5th November 1978 he was ir the habit of assavlting the petitioner. The respondent in fact dcerisd having assaulted the petitioner on the Gay in question or at all and averred that she hac left the matrimonial home of her own volition on the 14th Cctcber 1970. i was fully prepared to disbelieve the petitioner but was surprised to rote that the “iG /r2spondert ai Os respondent failed to cross-examine her about the alleged assault. He said that he had neglected to do so because he thought he would bring up the issue when he went into the witness tox to give evidence. 1t seems to ms also that if the petitioner is alleged to have left the matrimonial home or the 14th Octobor 1978 corroborating evidence should have been led to prove that fact. This was not done. I am satisfied therefore that the respondent did on the 5th November 1978 twist the petitioner's hand, thereby causing it to swell out and further that he assaulted her with fists. Although only one instarce of ill-treatment has beer pleaded in the petition, I finc that the assault on the petitioner caused injury to her health and that cruelty has been proved. I am satisfied further that the ,etitioner has not been accessory to or connived at or condonsd the cruelty and that the petition is not presented or prosecuted in collusion with the respondent. I therefore pronounce a decree nisi that the marriage which Was solemnised at the office of the Registrar of Marriages at Blantyre or the 23rd Tecember 1973 betweer petitioner, Joyce Masangano, and the respondent, Hendrec Masangano, be dissolved. Costs of the petitior to the petitioner. I adjourn tc Chambers the question of the custody of the children, their mairtenance and the maintenance of the petitioner. Pronounced in open court this 3rd day of November 1979 at Elantyre. Aa CASA \ ae J. B. VILLISRA™ SUT. Cc