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Harare High Court

JACINTA JOAQUINA ANASTANSIA CHAPANER nee CARDOSO versus ROSHAN CHAPANER

HH 517-17

Case Details

Court
Harare High Court
Date
24 August 2017
Citation
HH 517-17
Neutral Citation
[2017] ZWHH 517
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Family LawMatrimonial LawChild CustodyMaintenance Law
Keywords
DivorceCustodyAccess RightsMaintenanceMatrimonial PropertyChild WelfareBest Interests of Child
Tags
DivorceCustodyAccess RightsMaintenanceMatrimonial Property
legislation
Statutes Cited
  • Marriage Act
  • Constitution of Zimbabwe
  • African Charter on the Rights and Welfare of the Child
  • United Nations Convention on the Rights of the Child
ai analysis
Case Summary

Key Issues

  • {"issue_text":"What order should be made in respect of custody of the minor child and reasonable access by the non-custodian parent?","issue_type":"mixed","dispositive":"yes","related_facts":"Marriage breakdown, child's best interests, psychological assessment reports"}
  • {"issue_text":"Whether or not defendant should pay post divorce spousal maintenance and how much?","issue_type":"mixed","dispositive":"no (abandoned by plaintiff)","related_facts":"Marriage breakdown, financial circumstances of parties"}
  • {"issue_text":"The order to be made in respect of matrimonial property","issue_type":"mixed","dispositive":"no (settled by agreement)","related_facts":"Property acquired during marriage, parties' agreement"}
  • {"issue_text":"Which party to pay costs of suit and on what scale?","issue_type":"procedural","dispositive":"yes","related_facts":"Conduct of parties during proceedings"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff and defendant were married on 22 September 2007 and had one child born on 21 March 2010. The marriage broke down irretrievably, leading to divorce proceedings initiated on 22 November 2012. The main disputes concerned custody of the minor child, reasonable access rights for the non-custodian parent, post-divorce spousal maintenance, and distribution of matrimonial property.
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