LAW OF PERSONS – DIVORCE – COURT MAY USE JUDICIAL DISCRETION TO REFUSE RESTITUTION OF CONJUGAL RIGHTS IF THE GRANT WILL RESULT IN PLAINTIFF BEING THREATENED OR ASSAULTED  

LAW OF PERSONS – DIVORCE – COURT MAY USE JUDICIAL DISCRETION TO REFUSE RESTITUTION OF CONJUGAL RIGHTS IF THE GRANT WILL RESULT IN PLAINTIFF BEING THREATENED OR ASSAULTED  

 

The plaintiff was joined in holy matrimony with her husband in 2013 in the northern parts of Namibia. Their marriage started experiencing some matrimonial problems which resulted in her filing for a divorce. The plaintiff issued summons against the defendant for divorce, and, amongst the reasons for divorce as stated by the plaintiff were that the defendant was emotionally and physically abusive and in addition, thereto, has . . .

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