Mhango v Mhango (Civil Cause 178 of 1985) [1984] MWHC 1 (24 March 1984)

[N THE HIGH COURT OF MALAW PRINCIPAL REGISTRY CIVIL CAUSE NO.178 OF 1985 BETWEEN: GRACE MHANGO ......... care seo Ree siaceiee oe BOLE RIPIE Te Ale a anneal aes PETETIONER - and - A, MHANGO .... cee ccecccecescecceucaeseuceceeecscsceccvenssceusens RESPONDENT Coram: Makuta, Chief Justice Nyirenda, Legal Aid Advocate, for the petitioner Respondent, present, undefended Longwe, Court Reporter Kaundama, Official Interpreter JUDGMENT The petitioner prays for the dissolution of her marriage with the respondent on the ground of cruelty. The respondent did not defend the petition. Tho only witness to this petition is the petitioner herself, On 18th September, 1976 the parties marricd at the Office of Registrar of Marriages at Mulanje Boma, Malawi, Thereafter they lived and cohabited at Phalombe in Mulanje Dist- rict. There is no issuc of marriage. The petitioner, who works as a Farm Hone Instruct- ress, lives at Phalombe and the respondent is living at Thuchila in Mulanje. Both parties are domiciled in Malawi, The petitioner told the court that since the celebration of the marriage the respondent has treated her with cruelty. In 1981 the respondent, without any proper reason, attacked her with clenched fists and at the same time took hold of the petitioner's right arm which he violently twisted causing grave pain and injury to the petitioner. In August, 1982 the respondent again attacked the petitioner with clenched fists and hit her till her face was swollen and loosened her tooth which was later removed at the Holy Family Hospital in Mulanje District. Further evidence of beating is that on 15th June, 1984 the respondent attacked the petitioner, again with clenched fists. He also pulled out the petitioner's breast , badly bruising it, as a result of which she was admitted in hospital at Phalombe for a fortnight. Perhaps in an effort to save the marriage the petitioner told the court that she for- gave the respondent all these incidents of cruelty. On 20th August 1984, however, another incident occurred, . The respondent bit her on the cheek with his teeth causing serious injuries to the cheek, This has left a scar on the check. She was treated at hospital. The parties have not lived together since August 20th, 1984, The cause of these problems in the family, according to her, is that she can f iain not produce any children. She is barren, The respondent has told her, to put it in her own words, that "she is not a woman", because she cannot produce. As a result of these experiences she fears that if she goes back to stay with the respondent she will be killed by him. | am satisfied that as a result of these acts of viclence the petitioner suffered severe hardships, distress and injuries to her health. The allegations of cruelty, have in my judg- ment, been proved. | am satisfied that she has not condoned the violence of 20th August, 1984. | am also satisfied that there is no collusion in the presentation of this petition. There is, therefore, no bar why relicf should not be granted to the petitioner. | grant decree nisi and the respondent is condemned in costs of these proceedings. Pronounced in open Court this 24th day of March, 1984 at Blantyre. oe Makuta CHIEF JUSTICE