[TR News] Court dissolves 5-year-old marriage over wife’s refusal to consummate marriage, desertion

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An FCT High Court, Maitama, on Tuesday dissolved the five- year- old marriage between Mr Agada Egwu and Onyowo, over Onyowo’s refusal to consummate the marriage and deserting the matrimonial home.

The judge, Justice Jude Okeke, in his judgment on the divorce petition filed by Egwu, held that the marriage has broken irretrievably.

“The court is satisfied with the evidence of the petitioner, that the respondent did not only refuse to consummate the marriage, but also deserted the petitioner for over a period of one year.

“The respondent undeniably parked out of her matrimonial home since June 2014, the petitioner has satisfied the grounds provided by Section 15 (2) (a)and (b) of the Matrimonial Causes Act, 2004,’’ Okeke held.

The judge said that evidences before the court were sufficient to grant dissolution of the marriage contracted under the Marriage Act on June 19, 2012 at the Marriage Registry, Makurdi.

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Okeke who reviewed the evidence, noted that immediately after the marriage on June 19, 2012, the wife changed from a caring and loving wife she presented herself prior to the marriage.

The husband’s efforts to unravel the sudden change proved abortive. She suddenly hated him, and treated him with scorn that made him reluctant to come home after close of work, but he still endured.

In his effort to resolve this problem, he reported to his pastor and some relatives yet it was not resolved.

He said his wife denied him conjugal rights and he reasoned that because of this the marriage did not produce any child

Okeke noted that while the petitioner was away in June 2014, the respondent who left the matrimonial home earlier to Makurdi, came and parked her belongings

In 2015, the traditional marriage was annulled, with the return of the bride price he paid on her.

The court noted that the respondent did not file any reply though represented by a counsel.

Okeke said that “the court has no option than to act accordingly.’’

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