A man, Lukman, has told Grade A Customary Court sitting at Mapo, Ibadan, Oyo State, that he is no longer interested in his marriage to his wife, Aderonke, giving troublesomeness, constant fight, infidelity, and threat to his life by the latter as his reasons.
Lukman stated that he found it hard to live in peace with his wife since they got married because of her troublesome and destructive nature.
The plaintiff explained that the defendant always sought every opportunity to fight him.
Lukman added that any time he and his wife had a brawl, she would destroy things in the home.
He gave an instance of when Aderonke broke the door of their house and the louvre blades on the windows with a pestle.
According to Lukman, Aderonke once set a part of their home on fire, and rather than show remorse, she bragged that her intention was to roast him alive together with the house.
The plaintiff further told the court that the defendant extended her hostility to his place of business where she turned him into a source of ridicule.
Lukman stated that Aderonke brought soldiers to his shop, who attacked him, turned his shop upside down and went away with his stock.
He also said that she later took to immorality and was regularly spotted with other men.
Lukman stated that his wife had done him enough harm and therefore implored the court to end their union.
He also pleaded that the court should order his wife to quit the two-bedroom flat she was staying in because it solely belonged to him.
The plaintiff again entreated the court to grant him access to their children, who are in the defendant’s custody, at weekends and during holidays.
Lukman further requested an order restricting Aderonke from threatening him and interfering with his private life.
Aderonke denied all the allegations brought against her.
She also refused that their marriage be dissolved.
She stated that she still loved her husband and that she was sure it was the same with her husband.
According to the defendant, her mother-in-law was the one behind the crisis in their home.
Aderonke added that she owns the land her husband built his house on.
According to her, she included her husband’s name on the land document out of her love and respect for him.
The defendant demanded the sum of N150,000 as monthly allowance for the maintenance of their three children.
Lukman in his evidence said:
“My wife and I did not hold a marriage ceremony. We met, dated and she moved in with me. Aderonke started showing her true nature immediately she started living with me. She became troublesome and uncontrollable. She refused to let me have a say in the home.
“My wife also derived pleasure in fighting me. She was in the habit of creating a scene over trivial issues and would fight me. My lord, Aderonke succeeded in ruining me because she always destroyed my property any time we fought.
“She once fought me and pulled down the door to our house with a pestle. She also broke the louvres on the windows with the same pestle. Aderonke at another time set a part of our house on fire.
“Rather than being remorseful, she boasted that she thought I was indoors and that her intention was to roast me alive. I was afraid and left home after this because I felt she could one day make her threat real. Aderonke refused that I have rest of mind despite leaving the whole house for her.
“She came with her relatives to my shop to fight me. My wife dug her teeth deep into my hand and almost tore off the flesh covering the spot. Aderonke at another time brought soldiers to my shop, who attacked me, turned my shop upside down and went away with some of my goods.
“This prompted me to file a claim in court. My wife again came to my shop to fight me after the bailiff served her a court summons. She tore my clothes and left me almost naked thus embarrassing me.
“My lord, my wife is promiscuous. I have sighted her on different occasions with strange men, and I no longer trust her. Aderonke has made life difficult for me and I do not wish to continue in our marriage.
“I pray that the court rules that we go our separate ways. I want my wife to vacate the two-bedroom apartment she is presently occupying because it belongs solely to me.
“I request an order from the court granting me access to our children at weekends and during holidays. I again request an order restraining my wife from harassing, threatening and interfering with my private life.”
Aderonke, in her response said,
“My husband and I did not carry out any marital rites. We only went for a blessing in the church. My lord, I do not agree that our marriage be dissolved. I love my husband and I am sure he loves me. It is his mother that is causing the differences between us.
“He lied that I made life difficult for him. I do not know where he lives since he moved out of home. I was also at his shop only once since he left. He beat me blue and black for having the audacity to come to his shop and also slapped my brother who went with me. My lord, I own the land on which he built the two-bedroom apartment.
“I included his name on the land document out of the respect I have for him, while I put our first child’s name on the survey plan. My lord, if my husband is insisting on divorce, I pray that the court rules that he gives our children N150,000 per month for their upkeep. I further plead that the court mandate him to be responsible for our children’s education and health care.”
The president of the court, Mrs O.E. Owoseni, giving her judgment stated that from the evidence given by both parties, it was gathered that both were never married nor the bride price paid.
She said they were merely cohabiting. She added that the plaintiff had adduced in evidence that he was no longer interested in the relationship that they shared.
Owoseni ordered that both parties should go their different ways in order to avoid a breakdown of law and order between them.
She added that the defendant did not contradict the evidence by her husband that she had been a threat to his life giving instances.
Owoseni, therefore, gave an order restraining the defendant from harassing, threatening and interfering with the plaintiff’s private life.
She further dismissed the plaintiff’s claim on the two-bedroom apartment, stating that the court cannot grant it because according to her, the plaintiff did not contradict nor challenge the defendant’s evidence that the land belong to her during cross examination, which is deemed as admission of the fact which tilts towards joint ownership.
Owoseni ruled that the plaintiff should give the defendant N60,000 per month for food and be responsible for their education. She granted the plaintiff reasonable access to children upon informing the defendant ahead of time.
