Court dissolves 7-year-old marriage over husband’s intolerable behavior, desertion
NAN-H-42
Desertion
By Edith Nwapi
Abuja, March 6, 2017 (NAN) An FCT High Court on Monday dissolved the 7- year- old marriage between Adetola and Emmanuel Kolajo on grounds of Kolajo’s intolerable behaviour and desertion.
The judge, Justice Jude Okeke held that the petitioner satisfied the requirements provided in Section 15 (2) (d) of the Matrimonial Causes Act, CAP.M7, Laws of the Federation of Nigeria, 2004.
“ In that circumstance, the court also holds that the petitioner having satisfied both grounds of the petition, the court resolved the issues above in the favour of the petitioner, this petition therefore succeeds.’’
The court also awarded N30,000 cost against the respondent.
The judge held that the petitioner laid undeniable evidence on how the respondent beat her up on April 11, 2014 and inflicted injuries on her.
“This undeniable evidence in my view should not qualify as domestic minor misunderstanding between a husband and a wife for which a court should not grant dissolution of marriage.
“ This case is one which is based on weighty evidence, the petitioner cannot be asking for too much if she says she cannot put up with such behaviour.
“ It is my contention that the respondent’s conduct of beating her up and trying to strangulate her, are conducts which she cannot reasonably be expected to live with’’ he held.
Okeke held that the court was satisfied with this piece of evidence from the petitioner which has proved the grounds for the dissolution of the marriage.
He also held that the second ground was that the respondent deserted her for over a period of one year since August, 2014, and his where about was currently unknown. (NAN)
NEO/OU/OU
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Edited by Obike Ukoh