Court dissolves 17 years marriage in A-Ibom on grounds of incompatibility

Akwa Ibom State High Court sitting in Uyo on Friday, October 6 dissolved the marriage between a 48-year-old man and a former banker and his 43-year-old wife over incompatibility.

The Court presided over by Justice Ntong Ntong dissolved the 17 year-old marriage and awarded primary custody of the two female children of the union to their mother.

The estranged husband had petitioned the Court praying it to dissolve the union on ground that there was no more love and that the marriage has broken down irretrievably.

Delivering judgement on the matter on Friday, Justice Ntong Ntong said it was unfortunate that “the parties have forgotten their first love and today have decided to fight naked in the public.

“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 on mutual interest and love. Where love flies away, then the marriage will be terminated and dissolved by this Honourable Court.

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 the children to remain and continue to be sheltered in their father’s house”

Justice Ntong said he believe that with the testimony and exhibits tendered by the respondent, including receipts of some building materials she bought for the development of the house where she is residing with her children, it will be unfair to throw the baby out with the bathwater.

The Court stressed that 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 for her two female children, who should not suffer so much from their parents separation.

“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. If heavens gave women labour pain, the society should compensate them with love and nothing more pretentious”, it noted.

On the custody of the children, Ntong also held that a mother would readily understand the conditions of her female children than the father and would be careful 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 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.

In addition, Court 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.

It also ordered the 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 5th August, 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.” Ntong said.