An Igando customary court sitting in Lagos State on Wednesday
dissolved a 10 years old marriage between Mrs Caro Waheed and her husband Suleiman
Waheed over abandonment.
Mrs Caro , the petitioner a trader had filed a suit for
dissolution of her 10 years marriage over abandonment, she said her husband
abandoned her and her three children for four years , she has been the only one
responsible for rent and upkeep of her three children.
The respondent confirmed that he packed out of the house four
years ago over infidelity and that he is not against the dissolution of his
marriage to Mrs. Caro. The court granted an order for divorce....................CULLED
FROM DAILY POST
Men and women of this generation need to know the genesis of
marriage under the law and in Holy books before contracting one, in recent time
in my capacity as a legal practitioner i have handled situations where
husbands/wives abandon their matrimonial homes over frivolous issues , this has
been an order of the day thinking it is a good way to discipline the other
spouse or superiority.
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.
The law will not allow anyone to rely on the provision of the
law maliciously for selfish reason, the onus is on the respondent to either
admit that he is guilty of the allegation or not.
Conclusively, the court will grant dissolution of such
marriage where either parties contravene the provision of the law.
Thank you.
Oyenike Alliyu-Adebiyi LLB(hons)BL
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