Matrimonial Causes (28)
HELD:
"...The law is settled that the only ground upon which a party seeking for dissolution of his marriage may base his petition under the Matrimonial Causes Act is that the marriage has broken down irretrievably.
HELD:
"...The law is further settled that the Petitioner who alleged that the marriage has broken down irretrievably because of intolerable behaviour has a duty to prove two sets of facts to wit:
HELD:
"...Learned Counsel to the Appellant has argued that the Respondent did not prove by credible evidence that the properties were jointly owned by them.
HELD:
"The power of a Court to order partitioning of property in a divorce proceeding is an exercise of its discretionary powers which must be exercised judicially and judiciously.
HELD:
"...The Respondent as Cross Petitioner however further allege that the Appellant deserted her for a continuous period of at least one year prior to the institution of the cross petition.
HELD:
"Again, it is important to state that Matrimonial Causes cannot apply to the instant case as same involves proceedings provided for under Section 114(1)(a)-(e) of the Matrimonial Causes Act.
HELD:
"A man's family normally consists of - the man, his wife or wives and the children born to him by such wife or wives.
HELD:
"The guidelines which a Court adopts in applying the settlement of property principles in matrimonial causes include determining whether or not the property in question or some other property was acquired by the parties or one of the parties during the course of the marriage, and if so, what was the contribution of each party to the cost of acquisition.
HELD:
"...On the fourth and final issue, the Appellant counsel submitted that the verifying affidavit is scanty and does not properly verify the facts in the petition.
HELD:
"...The starting point in addressing this issue is the provision of Order V Rule 10(1) of MCR. The order provides thus: