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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