By Kayode Olabanji, Okitipupa
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A grade ‘A’ Customary Court sitting in Okitipupa has dissolved a 26-year old marriage between Mr Oliver Onuegbu and his estranged wife Mrs Caroline Onuegbu on grounds of adultery.
Earlier, the petitioner, Mr Oliver Onuegbu, had approached the court for the dissolution of his 26-year-old marriage with his estranged wife on grounds of adultery cruelty and ill-treatment.
The 67-year -old petitioner, who is a trader told the court that he was no longer interested in the marriage alleging that the woman had become something else because she used to come home late every day, sometimes around 1:00am, while, she slept outside most times paid for a car without his consent and also bought a motorcycle for a boy which the petitioner later retrieved from the boy. He added that the Respondent invited the boy from Akwa Ibom and is now living with him at Irele.
The petitioner added further that the Respondent had been not cooking for him even on Christmas day and that she refused to go to church.
Oliver, prayed the court to help him retrieve the sum of N241,150 which is the balance of the money borrowed for her from LAPO. While he prayed the court to grant him the custody of the children of the marriage.
The 44-year-old respondent, Mrs Caroline, a businesswoman, however, admitted that the petitioner was her husband for 26 years and that the marriage was blessed with six children. She prayed the court to grant her the custody of the last child of the marriage aged “F” 12. She said others are aged 25 “F”; 23 “F”; 21 “F”; 19 “M” and 15 “F” (names withheld.)
The court presided over by Mr Benson Omotayo, ordered the dissolution of the union after he had listened to the evidence of both parties.
According to the judgement, there was no more love between the petitioner and the respondent since the respondent had been cruel to him.
The court held: There is love lost, desertion and adultery from the evidence of the parties, “In the circumstances, the marriage has failed and broken down irretrievably.
“Consequently, the three eldest children out of the six children of the marriage are adults and as such presumed to be able to fend for themselves and free to choose where they will live and be comfortable.
Therefore, the court granted to the petitioner the custody of other three children aged 18, 15, and 13.
“The court did not have sufficient evidence placed before it to believe and hold that the petitioner borrowed money for the respondent from LAPO and even if he did, that is part of his duty to support his wife is business and if he had done, he does that when the going was good.
In the circumstance, the court would
not and cannot make any order to retrieve money from the respondent in favour of the Petitioner. Moreover, that does not form part of the claim before the court, the court held.