Nasangwe v Nasangwe & Another (Civil Cause 165 of 1985) [1987] MWHCCiv 1 (13 July 1987)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO.165 OF 1985 BETWEEN : ALICE WN See dee em eewe se aes errr one mas 18S OR. Tew ERS PETITIONER ~ and - . KENNETH NASANGWE....00ccccccccccsccccece ces emeass iow Sie eew RESPONDENT - and - MISS NAMBEWE...... SOS wees Se Bene ee ele ee we Sees Kee eRe cE aes CO-RESPONDENT Coraras MARUTA, C. J. Mhone, Legal Aid Advocate, for the petitioner Respondent, absent, unrepresented Co-respondent, absent, unrepresented Longwe, Court Reporter Namvenya, Official Interpreter JUDGMENT The petitioner, Alice Nasangwe, prays for dissolution of her marriage to the respondent on the ground of adultery. On 22nd February, 1978 the parties married at the Office of the Registrar of Marriages at Mulanie Boma. After the celebration of the marriage they lived and cohabited at Likhubula Trading Centre in Mulanje District. The petitioner is a nurse working at Mulanje Hospital and the respondent is living at Zingwangwa Township in Blantyre. Both the petitioner and the respondent are Malawians. I am satisfied that both parties are domiciled in Malawi. This court, therefore, has jurisdiction to hear this petition which is not defended. There are four children of the marriage, all females, namely, Nellie Nasangwe born on Sth December 1977, Margaret Nasangwe born on 20th August 1979, Irene Nasangwe born on 27th January 1981 and Agness Nasangwe born on 15th November 1982. The petitioner told the court that since June, 1982 the respon- dent left the matrimonial home and went to live with the co-respondent at Zingwangwa Township in the City of Blantyre. The respondent and the co-respondent have since then lived and cohabited together and Ll an have committed adultery. The law as regards proof of adultery is well settled. It is not necessary to prove adultery by direct evidence, as it is usually done in secret. Suffice it to say that the association, coupled with opportunity as evidence in this case, is enough to create an inference upon which the court can find adultery. In my judgment there is ample evidence to prove that the respondent has committed adultery since the celebration of the marriage. I am satisfied that the petitioner has not condoned the adultery anc’ there has been no collusion between the parties in the presentation of this petition. I see no bar in granting the petitioner's prayer. I therefore pronounce a decree nisi in her favour that the marriage be dissolved. I grant custody of the children to the petitioner but the respondent will have access to them. The respondent will pay the costs of this action. PRONOUNCED in open Court this 13th day of July, 1987 at Blantyre. CHIEF JUSTICE