- WILLFUL AND PERSISTENT REFUSAL TO CONSUMATE THE MARRIAGE
- ADULTERY AND INTOLERABILITY
- PROOF OF ADULTERY
- NATURE OF EVIDENCE
- THE BIRTH OF A CHILD AND VENERAL DISEASE
- COHABITATION
- CONFESSION AND ADMISSION
- RESPONDENT GRAVE AND UNBEARABLE CONDUCT
- FREQUENT CONVICTION AND LEAVING THE SPOUSE WITHOUT SUPPORT
- IMPRISONMENT
- ATTEMPTED MURDER AND ASSAULT
- HABITUAL AND WOEFUL FAILURE TO SUPPORT
- INSANITY
- DESERTION
- DEFACTO SEPARATION AND ANIMUS DESERENDI
- LACK OF JUST CAUSE
- SEPARATION AND RESPONDENTS CONSENT TO DISSOLUTION
- LIVING APART FOR TWO YEARS
Willful and Persistent Refusal to Consummate the Marriage
Under Section 15(2)(a) of the Matrimonial Causes Act, a marriage can be dissolved if the respondent has willfully and persistently refused to consummate the marriage. See the case of Anyaegbunam v. Anyaegbunam (1973) 3 ECSLR 124, where the court held that the refusal to consummate must be deliberate and persistent over time.
Adultery and Intolerability
See section 15(2)(b) which states that adultery coupled with intolerability is a valid ground for dissolution even though it requires evidence such as a confession, circumstantial evidence, or eyewitness testimony. See the case of Akinbuwa v. Akinbuwa (1967) NMLR 163, where the court emphasized that the petitioner must find it intolerable to live with the respondent after the act of adultery and the case of Williams v. Williams (1964) LLR 337 where the court defines intolerability as the petitioner finding it impossible to continue cohabitation.
Nature of Evidence for Adultery
The nature of evidence needs to be direct evidence (e.g., confession) or indirect evidence (e.g., suspicious behavior, opportunity to commit adultery). See the case of Karimu v. Karimu (1984) HCNLR 412 where the court highlighted that indirect evidence can be sufficient if it points to a high probability of adultery.
The Birth of a Child and Venereal Disease
See section 15(2)(d) which covers situations where the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them, including infidelity resulting in childbirth or transmission of a venereal disease. See the case of Abudu v. Abudu (1976) 9-10 SC 296 where the court ruled that a venereal disease contracted during marriage can be grounds for dissolution if proven to be contracted through adultery.
Cohabitation
This is the act of living together as husband and wife. See the case of Nwankwo v. Nwankwo (2013) LPELR-21896(CA) where the court affirmed that evidence of ceasing cohabitation can support claims of desertion or intolerability.
Confession and Admission
Confessions and admissions by the respondent can be used as evidence to support claims of adultery or other grounds for dissolution. See the case of Oke v. Oke (1972) 2 ECSLR 199 where the court accepted the respondent's admission of adultery as sufficient proof.
Respondent's Grave and Unbearable Conduct
See section 15(2)(e) which considers any grave and unbearable conduct by the respondent as a valid ground for divorce. See the case of Olugbodi v. Olugbodi (1984) HCNLR 1 where the court detailed what constitutes grave and unbearable conduct, including physical and emotional abuse.
Frequent Conviction and Leaving the Spouse Without Support
See section 15(2)(f) which includes frequent conviction and failure to provide financial support. See the case of Adebayo v. Adebayo (2007) 8 NWLR (Pt. 1037) 69 where the court dissolved the marriage due to the respondent's habitual criminal behavior and neglect.
Imprisonment
Imprisonment of the respondent can be a valid ground for divorce if it causes intolerability or desertion. See the case of Ajayi v. Ajayi (1964) WNLR 157 where prolonged imprisonment led to a successful petition for divorce.
Attempted Murder and Assault
Physical violence, including attempted murder or assault, is a valid ground for divorce under Section 15(2)(e). See the case of Ogunowo v. Ogunowo (1995) 1 NWLR (Pt. 359) 697 where the court upheld that evidence of assault is sufficient for the dissolution of marriage.
Habitual and Woeful Failure to Support
Failure to provide financial support to the spouse is covered under Section 15(2)(c) and is also a valid ground for divorce. See the case of Eze v. Eze (2010) LPELR-4345(CA) where the court dissolved the marriage due to the respondent’s failure to fulfill financial obligations.
Insanity
See section 15(2)(d) which includes insanity as a valid ground if it results in intolerable living conditions. See the case of Dada v. Dada (1969) 1 All NLR 353 where the court considered prolonged and severe mental illness as grounds for dissolution.
Desertion
The intentional abandonment of one spouse by the other for a continuous period of at least one year can also be a valid ground for divorce. See the case of Akinbuwa v. Akinbuwa (1967) NMLR 163 where the court stressed that desertion must be continuous and without consent.
De Facto Separation and Animus Deserendi
De Facto Separation is the physical separation without legal proceedings while Animus Deserendi is the intention to desert permanently. See the case of Olu-Ibukun v. Olu-Ibukun (1974) 2 SC 41 where the court confirmed that the petitioner must prove both physical separation and intent to desert.
Lack of Just Cause
Desertion without just cause is a ground for dissolution under Section 15(2)(e) and can be a ground for divorce. See the case of Ekerebe v. Ekerebe (1999) 3 NWLR (Pt. 596) 514 where the respondent's desertion was found to lack justifiable cause.
Separation and Respondent's Consent to Dissolution
Mutual consent to divorce after living apart for a continuous period of two years is covered under Section 15(2)(e) and divorce can be granted. See the case of Nanna v. Nanna (2006) 3 NWLR (Pt. 966) 1 where the court accepted mutual consent and continuous separation as sufficient grounds.
Living Apart for Two Years
See section 15(2)(e) which includes living apart for two years as grounds for dissolution if the respondent consents. See the case of Agbede v. Agbede (1967) LLR 51 where the court granted dissolution after two years of separation and mutual consent.
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