Malawi woman files for division of husband’s academic honours in divorce case

 

A woman in Malawi presented a petition to divide her husband’s professional qualification such as his Bachelor Degree in Education Humanities and Diploma in Education among other credentials.

According to a declaration made to the court by Ellen Tewesa “the property in the said educational qualifications is family property”.

The ruling made by High Court Judge S.A Kalembera categorically mentioned that educational qualifications are un-inheritable and duly vested in the owner whose name appears in it.

“The said educational qualifications cannot precisely be said to be family property. If it was to be family property, then bearers would have been bequeathing them in their wills so that they be inherited by beneficiaries and be used to look for jobs,” read the Hansard.

The Judge explained that after the distribution of matrimonial property, the petitioner's beneficial interest in the defendant's educational qualifications duly comes to an end.

The court ordered the defendant to compensate his ex-wife Sh290,000 to build a home, 145, 000 as compensation and the rest of their property such as land and the Toyota Carina BN 2260 jointly acquired to be split equally.

Other household items were also split on a 50/50 basis.

Ellen Tewesa and Chimwemwe S. Tewesa had been married for 17 years till the time of their divorce initiated by Mr Tewesa following completion of his tertiary education.

It is then that Mrs Tewesa, a housewife filed a case against her ex-husband who she considers ungrateful to abandon her without cause.