SEX IN MARRIAGE AND THE LAW

A customary court in Mushin, on Thursday dissolved the 35 years-old marriage between Paul Odunbaku ,63 years old and his wife Titilayo , Odubaku prayed that his marriage to Titilayo be dissolved as she is starving him of sex and emotional abuse.

Also, A civil servant , Mr Chibuzo Obiedefu (50 years) on Friday told an Igando Customary Court , Lagos that his wife constantly demands for money before allowing him to have sex with her. The man told the court that his wife Philomena which he married seven years ago had since made sexual intercourse difficult, always starving him of sex and if she will allow him she will ask him to pay. The petitioner pleaded that the court should dissolve the marriage based on that....................CULLED DAILY POST

A marriage is an interpersonal relationship with governmental, social, or religious recognition usually intimate and SEXUAL, often created as a contract

Sex is important in marriage, inability to have sexual intercourse with one’s spouse can be used against the other who feel he/she is not being satisfied sexually in marriage either party can seek annulment on this ground. The incapacity maybe physical or psychological, and may not prevent intercourse anyone other than the spouse, but must be permanent and incurable.

Intercourse is not limited to child bearing and it is advised that the couple have sexual intercourseSection 12 of the Matrimonial Causes Act, a refusal or inability to consummate a marriage can be a ground for the marriage to be voided. The only reason why the court may not dissolve any marriage is if the party knew before marriage the other party’s inability to consummate it and still went ahead to conduct the marriage.

e from time to time, research has also shown that lack of sex in marriage is a leading factor in break-ups, sex simply promotes intimacy, reassurance that both parties are wanted and needed.

Matrimonial Law recognises sexual relationship for the purpose of consummation in marriage , and it is seen as a factor to a healthy marriage and must be mutual sexual fulfilment.

Conjugal rights as a right of spouse to sexual intercourse would go beyond right access to sexual advance that would have otherwise been in appropriate , but not right to seize or besiege the other spouse.

Section 21 of the Matrimonial Causes Act, the court shall not find that a respondent has wilfully and persistently refused to consummate the marriage unless the court is satisfied that as at the commencement of hearing of the petition, the marriage has not been consummated.

Conclusively, the court will grant divorce if the respondent has willful denied the petitioner sex,SEX IS IMPORTANT IN MARRIAGE AND ALSO RECOGNIZED UNDER THE LAW

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL