By Martin Fasusi
An Okitipupa grade ” A” customary court has dissolved 17-year-old marriage between Mr. Akintoye Tokunbo (51) and Mrs. Akintoye Ayodele (46) on the grounds of desertion, cruelty and fraudulent act.
The petitioner , Mr. Akintoye Tokunbo, a teacher with Ondo State Government had on 27th August, 2018 filed a civil summon in the court alleging that his wife is largely dubious and fraudulent who jumps the very high fence in their backyard and deserts home for months each time her victims she has duped come home to look for her.
He added that sometimes in 2013, his wife fraudulently collected #100,000 from their neighbour under the pretext that he was seriously sick in the hospital and needed money for surgical operation which was all false and the neighbour discovered that he was not sick it was very embarrassing to him .
The claims which the respondent denied .
She however pleaded with the court to help in persuading her husband with the assurance that she is still in love with him.
The marriage which is blessed with three issues – which are all minors .
In his judgement, His. Worship Adedeji O. Adebisi said since all efforts to reconcile both parties by the court has failed and not granting the petitioner’s prayer may lead to further exceptional hardship and depravity.
“It’s worthy of note the court cannot compel unwilling and suffering party in a marriage to continue suffering in the marriage, more particularly when the party responsible for the suffering has not successfully been able to rebut the fact that the petitioner is suffering under her ” he said.
On the whole, Adedeji ruled that since there was no official marital rites to consummate their union there was no need approaching the court for dissolution .
He said ” the petitioner seeking for dissolution of marriage or relationship between him and the respondent is unnecessary, he is at liberty to disassociate himself from the respondent by any means known to the law “
And the issue of custody of the children was granted to the petitioner because of his financial stamina and to avoid putting heavy maintenance cost on the respondent ..
However, the respondent can visit them as much as she desires during reasonable hours and upon reasonable notice.