Friday, 31 October 2014

IRRECONCILIABLE DIFFERENCES IN MARRIAGE


I posted the pictures i took at the studio of ‘Ladies love Gist’ where i discussed irreconcilable differences in marriage that can bring any marriage to an end, seeing this one of my contacts on BBM sent me a message that i should send details of the Television Station that will Air it or furnish them with the excerpt of the discussion because this topic is very, even though i have discussed this in one of the topics earlier treated on this blog, will do it again.

The law protects Marriage as an institution and that is why the law will not allow anyone who enters into marriage and wishes to rush out after discovering it is not exactly what he/she thought it would be, the court will not entertain divorce in respect of any marriage below two years except where the petitioner is able to establish that there are irreconcilable differences and the marriage must come to an end.

The irreconcilable differences recognised for marriages under the act are those provided for under Section 15(2) Matrimonial Causes Act............

(a) The respondent has wilfully and persistently refused to consummate the marriage: this can be interpreted to mean that for the petitioner to bring a petition under this ground it must be proved that the inability to have sex with the petitioner by the respondent was on purpose and not that something is preventing the respondent from consummating the marriage.

(b) That since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent: if it can be established that the respondent is an adulterer the law will gladly grant divorce, even the Bible state that the only ground for divorce is adultery.

(c) That the respondent has behaved in a way that the petitioner cannot reasonably expect to live it: one out of numerous instances under this subsection is where a man/ woman is in an abusive marriage , this can be emotional torture, physical beating, committed rape, sodomy, habitual drunkard, taking of drugs, frequent conviction of crimes, failed to support the petitioner etc

(d) Desertion; where the respondent deserts the petitioner for a continuous period of one year immediately before the petition, couples who agree to live apart does not fall in this category.

(e) Parties have lived apart for a continuous period of two years immediately before the petition and the respondent does not object to it.

 

(f)    That the other party to the marriage has been absent from the petitioner for such time and in such circumstance as to provide reasonable ground for presuming that he/she is dead.

 

May God continue to keep our homes, marriage is all about sacrifice.

 

Thank you.

 

Oyenike Alliyu-Adebiyi LLB(hons)BL

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