- THE COURT PROCESS
- THE PETITION
- ORDER V-PETITION
- PETITION FOR DECREE OF DISSOLUTION OF MARRIAGE
- PETITION FOR NULITY OF MARRIAGE
- PETITION FOR JUDICIAL SEPARATION
- PETITION FOR THE DECREE OF DISSOLUTION OF MARRIAGE
- MARRIAGE
- BIRTH OF PETITIONER AND RESPONDENT
- DOMICILE OR RESIDENCE
- COHABITATION
- CHILDREN
- PREVIOUS PROCEEDINGS
- CONDONATION
- CONNIVANCE
- COLLUSION
The Court Process
The court process in family law cases involves several steps from filing the petition to the final decree. See the Matrimonial Causes Act (MCA) Cap M7, LFN 2004.. The key stages are:
1.Filing the Petition: This is where the petitioner (the person initiating the proceedings) files a petition in the High Court.
2.Service of Petition: This is where the respondent (the other party) must be served with the petition.
3.Respondent’s Reply: This is where the respondent has the opportunity to reply to the petition.
4.Pre-trial Conference: This is to narrow the issues and explore settlement possibilities.
5.Trial: This is where evidence is presented, and witnesses may be called.
6.Judgment: This is where the court issues a decree based on the merits of the case.
The Petition
A petition in family law is the formal written application to the court seeking a specific relief. It must be signed by the petitioner and must clearly state the grounds for the relief sought.
Order V - Petition
Order V of the Matrimonial Causes Rules outlines the general rules regarding petitions in matrimonial causes. It includes:
1.Form and Content of Petition: This should include details such as names, addresses, and grounds for the petition.
2.Verification of Petition: The petition must be verified by affidavit.
3.Service of Petition: This requires that proper service must be carried out on the respondent.
Petition for Decree of Dissolution of Marriage
This petition seeks to legally end a marriage and the grounds for dissolution includes Adultery, Desertion, Cruelty and Living apart for a continuous period of two years. See the case of Nanna v. Nanna (2006) 3 NWLR (Pt. 966) 1 where the court emphasized that the petitioner must prove the grounds for dissolution.
Petition for Nullity of Marriage
A petition for nullity seeks to declare a marriage void or voidable and the grounds for dissolution includes Incestuous or polygamous marriage (void ab initio), Non-consummation due to incapacity, Mental disorder of either party. See the case of Ibeawuchi v. Ibeawuchi (1978) 1 LRN 63 where the court established grounds for voidable marriages.
Petition for Judicial Separation
This petition allows couples to live apart without dissolving the marriage and the grounds are similar to those for dissolution. See sections 39 and 40 of the Matrimonial Causes Act.
Petition for the Decree of Dissolution of Marriage (Reiteration)
The grounds and process for filing this petition are reiterated for clarity. It is important to follow the statutory requirements strictly to avoid dismissal.
Marriage
Marriage in Nigeria is provided for under the Marriage Act Cap M6, LFN 2004 and it can be:
1.Statutory: that is governed by the Marriage Act.
2.Customary: that is governed by native laws and customs.
3.Islamic: that is governed by Sharia law in applicable states.
Birth of Petitioner and Respondent
Petitions must include the dates and places of birth of both parties. This information helps establish the identities and legal capacities of the parties.
Domicile or Residence
Domicile or residence determines the court's jurisdiction. Generally, the petitioner must prove that they have been domiciled in Nigeria for at least 12 months before filing the petition. See the case of Bello v. Bello (1969) 1 All NLR 67 where the court discussed domicile requirements.
Cohabitation
Cohabitation refers to the couple living together. Issues arise when cohabitation has ceased, which may be relevant to grounds for separation or dissolution.
Children
The welfare of children is paramount in family law proceedings. Petitions involving children must address custody, maintenance, and welfare arrangements. See the Child Rights Act 2003.
Previous Proceedings
The petitioner must disclose any previous matrimonial proceedings involving the same marriage. This ensures that the court is aware of any prior judicial decisions.
Condonation
Condonation refers to forgiving a matrimonial offense (e.g., adultery). If a petitioner has condoned the respondent’s misconduct, it can affect the outcome of the case. See the case of Nanna v. Nanna where condonation was discussed in terms of its impact on dissolution proceedings.
Connivance
Connivance involves the petitioner knowingly allowing the respondent to commit a matrimonial offense. This can bar the petitioner from obtaining relief.
Collusion
Collusion refers to an agreement between the parties to deceive the court. If proven, it can result in the dismissal of the petition. See the case of Ibeawuchi v. Ibeawuchi where the court addressed issues of collusion in matrimonial causes.
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