2°) AS CONCERNS CHILD CUSTODY AND VISITATION RIGHTS
Whereas as meant by the provisions of article 369 of the Persons and Family Code, the custody
of under-age children is granted to the husband in whose favour the divorce has been granted,
unless the court, by itself or at the request of the family or the Public Prosecution orders, in the
interest of the children, that custody of all or some of the them should be given to the other
spouse or a third party;
Whereas in this particular case, since the divorce was ordered on account of the fault of both
parties, it is necessary to consider the interest of under-age children with regards both parents;
Whereas in this particular case, it has been established for a while now, that the child Yacouba
MAGASSOUBA lives in Bamako;
That is thus necessary to give custody to his mother, while giving his father extensive visitation
rights, pursuant to sub paragraph 2 of article 370 of the Persons and Family Code.
3°) AS CONCERNS THE PAYMENT OF THE FATHER'S CONTRIBUTION:
Whereas fathers and mothers have to keep their right to contribute to the expenses of their
children depending on their respective income as meant in the provisions of article 370 of the
Persons and Family Code;
Whereas the rights and privileges of the child remain intact despite the divorce of the parents as
provided for by the provisions of article 364 paragraph 2 of the same code ;
Whereas in this particular case, custody of the under-age child enfant Yacouba MAGASSOUBA,
given that it was given to his mother whose needs have increased owing to the divorce that has
been ordered, it is necessary to set the father's contributions to the child's expenses at fifteen
thousand francs (CFAF15,000) per month and per child, to be paid directly to Mme Sadio
COULIBALY and this pursuant to the provisions of article 370 of the Persons and Family Code;
NOW THEREFORE
Having considered;
Ruling in public, in the presence of both parties in a matrimonial case and as the court of first
resort;
As concerns the form, finds the petition of Sadio COULIBALY admissible;
On the merits, declares it well founded, allowing the claim;
Grants the divorce of the Sadio COULIBALY and Sékou MAGASSOUBA couple with both
parties found at fault;