Monday, 15 May 2017

Court dissolves marriage over wife desertion of matrimonial home

Court dissolves marriage over wife desertion of matrimonial home

An Aba-la-Ohazu Customary Court in Aba South LGA of Abia, has dissolved the marriage between James Nnanna and his wife, Jane on grounds of `willful desertion of the matrimonial home’ by the wife.
James, the petitioner, told the court that his wife was quarrelsome and nagging, adding that her bad attitude had caused him untold hardship and great inconveniences.

He said that his wife willfully deserted their matrimonial home without justification on April 19, 2013, abandoning him with their three children.
According to James, after running away, Jane made arrangement with thugs to beat him at his workshop at Mbubo Street, off Item road, Aba.
James, who hails from Amokwe, Item in Bende LGA of Abia, said he married the respondent according to the customs of Akoli-Eda people in Afikpo South LGA of Ebonyi.
He said they co-habited for about five years during which they had a baby girl on April 4, 2008 and a set of male twins on May 3, 2010, before formalising their marriage on January 3, 2013.
He told the court that his wife deserted them during the third birthday of the twins.
James prayed the court to dissolve the marriage and grant him custody of the children to enable him take care of them.
In his ruling, the senior Magistrate, Diamond Olewengwa, said that Jane, who was present in court when James gave his evidence, did not controvert her husband’s testimony.
He said that the attitude displayed by Jane during the trail, was an indication that she had accepted the man’s desire to dissolve the marriage.
He added that Jane’s desertion of her matrimonial home for more than two years, and denying her husband his conjug right, also indicated that the marriage had broken down irretrievably.
Olewengwa declared the marriage dissolved for lack of love and desertion of matrimonial home by Jane.
He ordered James to return the N30.00 bride price he paid on Jane’s head.
He said that both parties were free to remarry any other person of their choice.
The Magistrate granted custody of the three children to James and ordered Jane to revert to her maiden name or any other name of her choice.
He urged them to maintain the peace.

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