ALIMONY

The rate at which young ladies lose their lives as a recent of abusive marriage/relationship is alarming and the need to educate those who are in such situation is important.

Recently a pregnant young lady, Mrs...Fashola died as a result of beating by her husband, all effort to revive her and the pregnancy proved abortive, May her Soul Rest In Peace (AMEN) , this is one case out of so many who have died and some still dying as a result of domestic violence.

The fear of most people in an abusive marriage /relationship is the fear of the unknown, ‘where do i start from’ ‘what will people say’ ‘i have nothing to fall back on and many more. I bring to you good news, the law will not fold its arms and see you leave empty handed when need arise. This is called Alimony.

Alimony is the allowance to a woman for support out of her husband’s estate when she is under necessity of living apart from him, this provision is necessity of living apart from him, it is applied during pendency of divorce, this could mature into maintenance allowance, this is usually refused where the wife is guilty of adultery. Please note that this is not division of the husband’s property into two as decided in AKINWALE WEY V. ANN WEY (1979) 2 CA.

The wife in law is regarded as a partner and the husband can no longer turn her out of the matrimonial home, In BRANWEL V. BRANWEL It was held that she has the right to stay in the house even if the house does not stand in her name. Also, in a house where the husband is the tenant of what is a matrimonial home, she has as much right to stay in the home like her matrimonial home, the wife has an irrevocable authority to continue in the tenancy on his credit and when he is the owner, the same irrevocable authority to remain in possession continue upon the same presumption of law. This ia also applicable to all the properties of the husband.

Relief would also  be granted even though the marriage is void, but before this the court must consider that the relief is ‘just and equitable ‘ for the benefit of all or any of the parties. Section 70 of the Matrimonial Causes Act state that to exercise discretion of court as to maintenance, the court should decide with regards to earning capacity and conduct of the parties to the marriage and all other relevant circumstances, OLU-IBUKUN V. OLU-IBUKUN (1971)1 ANLR 513 which restricted the assessment of earning capacity for deciding maintenance to the salaries of the parties.

It is better to be alive to take care of the child(ren) of that marriage than be dead. Say NO TO ABUSIVE RELATIONSHIP.

Thank you.

Oyenike Alliyu-Adebiyi LLB (hons)BL