The Akwa Ibom State High Court, sitting in Uyo, the state capital, has dissolved the marriage between a 48-year-old former banker and his wife, a 43-year-old housewife.
The Court presided over by Justice Ntong Ntong, dissolved the 17-year-old marriage on Friday and awarded primary custody of the two female children of the union to their mother.
The estranged husband had petitioned the court, praying for the dissolution of the union on the grounds that there was no more love and that the marriage had irretrievably broken down.
The presiding judge, Justice Ntong Ntong, said in his judgement that it was unfortunate that “the parties have forgotten their first love and today have decided to fight naked in public.”
He stated, “No one can force a cow to drink water at the river, and no one can impose a willing wife on an unwilling husband, and vice versa.
Marriage is a contract based on mutual interest and love. Where love flies away, then the marriage will be terminated and dissolved by this Honourable Court,” Justice Ntong held.
On the issue of property at Eniong Ewet Housing Estate in Uyo, the Court held that “since there is no chemical or science that can erase the blood relationship between the petitioner and his two female children, it will be in the best interest of the children for them to remain and continue to be sheltered in their father’s house.”
Justice Ntong said he believed the “testimony and exhibits tendered by the respondent, including receipts she bought for some building materials for the development of the house, where she is residing with her children, and it would be unfair to throw the baby away along with the water and the bath.”
He added, “It is not easy for a wife to bear a child or children for her husband, as the process of labour is between life and death,” and continued, “If heavens gave women labour pain, society should compensate them with love and nothing more pretentious.”
The Court said, “Since the respondent contributed immensely to the development of the family property, she shall continue to hold the property at Eniong Ewet Housing Estate in Uyo for herself and in trust for her two female children, who cannot suffer so much from the separation of their parents.”
On the custody of the children, the Court believed that a mother would readily understand the conditions of her female children better than the father and would be careful to know when they undergo puberty and menstruation.”
“It is, therefore, commonsensical to allow girl children in the primary custody of their biological mother and allow their biological father access only at a reasonable time, provided that the petitioner shall always notify the respondent of his intention to visit his children in writing within 48 hours before the visit,” Justice Ntong further held.
The Court also ordered the parties to execute an undertaking in writing with their current colour passport photographs to be of good behaviour, maintain peace with each other, and eschew violence.”
The judge also ordered “both parties to follow the ordinary course of nature and take care of the general welfare of the children.”
“Accordingly, the marriage made and celebrated on August 5, 2006, at Akoko North West Local Government Marriage Registry in Ondo State under the Matrimonial Cause Act, Laws of the Federal Republic of Nigeria, 2004, is hereby dissolved. This is the judgement of this honourable court. I so hold,” Justice Ntong read.
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