Considering that through a letter on 17/03/2014 Barrister Mariam Bénikoro TRAORE, legal counsel for Mme Sadio COULIBALY gave notice of the ruling to Barrister Djibril COULIBALY , legal counsel for Sékou MAGASOUBA ; Considering that through a letter, on 24 March 2014, the legal counsel of Sekou MAGASSOUBA declared that it would appeal; that it was registered that the appeal was thus admissible; Considering that on appeal, the appellant through his legal counsel, disputed the grounds of the divorce of the respondent, related to failure to provide for her feeding, housing, clothing and health care needs, injury and cruelty ; Considering however that he did not deny his wife's declarations stating that he accused her of stealing the sum of CFAF1,600,000 FCFA and made the Beninese police search her luggage while she was at the airport, that the police did not find anything on her; Considering that the husband tacitly admits to this reproach; that this fact is humiliating and vexatious, that it constitutes serious abuse likely to render marital life unbearable; that the divorce shall be granted with the fault put on him in accordance with article 352 of the Persons and Family Code ; that the only child shall be entrusted to his mother ; Considering that the trial judge granted divorce to the spouses whereas the husband did not petition for divorce; that he rather petitioned for her petition to be dismissed; Considering that the judgement shall be overturned; NOW THEREFORE Ruling in public, in the presence of both parties, in a civil proceeding and as the court of last resort; As concerns the form: Declares the appeal admissible: As regards the merits: Overturns the judgement; ruling by evocation, declares the divorce petition of Sadio COULIBALY admissible; Grants divorce and finds that the fault lies with the husband; grants custody of the under-age child called Yacouba MAGASSOUBA to his mother; Grants the father visitation rights as concerns the child, orders him to pay the mother the monthly sum of ten thousand (10,000) francs CFAF as child support; Orders the appellant to pay costs. It is therefore ordered, adjudged and decreed publicly by the Civil Chamber of the Bamako Court of Appeal on the days, month and year stated herein above. SIGNED BY THE PRESIDENT AND THE COURT REGISTRAR