Thursday 12 March 2015

ADULTERY : MUMMY IN THE LORD

A pastor in Lagos has pleaded with Orile Agege Customary court to dissolve his marriage as a result of his wife’s alleged adultery and neglect.. The 49 years old Jack, who is based in Lagos told the court that his wife , Kate is having an affair with
his pastor-friend whom he invited for a church programme in Lagos.

According to him Kate left their matrimonial home since 2011, and had not returned since then, giving account Jack stated, when my pastor friend came to Lagos on my invitation for our church programme, i noticed my wife was admiring him which made me to suspect a foul play. After the pastor  had returned to his base in Ibadan, my wife was nowhere to be found, so i traced her to Ibadan and met her with the pastor.

The petitioner claimed she denied him sex several times before she finally left in 2011................culled from Daily Posts

Whaooo even mummy in the lord is not left out, as we have always discussed Adultery is one of many grounds a marriage can be brought to an end, no matter the age of the marriage even a day.


The matrimonial Causes Act is the law that governs marriage, from dissolution, reconciliation, child custody, payment of Alimony and many others. Therefore by virtue of Section 15 of this Act a marriage can be dissolved on a ground of adultery. A decree of dissolution of marriage is one of the most applied for in matrimonial relief. Under the Matrimonial Causes Act, the sole ground for dissolution of a marriage is that the marriage has broken down irretrievably , for a court to come to the conclusion that a legally contracted marriage has broken down irretrievably , the petitioner  must satisfy the court that any of the grounds under the Section 15(2), Adultery fall under this category in subsection (b) that since the marriage, the respondent has committed adultery and that the petitioner finds it intolerable to live with the respondent.

Also, from the scenario above it is clear that the wife moved out of her matrimonial home since 2011, this is no other thing than desertion which is also another ground for dissolution. The position of the law by virtue of the provision of the Matrimonial Causes Act in respect of desertion in marriage Section 15 (2)(d)  where the respondent has deserted the petitioner for a continuous period of one year immediately before the petition.  The court shall grant the application, except where the respondent was able to prove that both parties agreed expressly or impliedly to either live separately for some reasons i.e. where either of them work and live outside the state or country other than where their matrimonial home is. 

Conclusively, a petition for dissolution of marriage can be granted if proved by the petitioner beyond reasonable ground.

Thank you.


Oyenike Alliyu-Adebiyi LLB(hons)BL

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