Court dissolves 29-yr-old marriage
Fasusi Martins, Okitipupa
|
An Okitipupa Magistrates’ Court has dissolved the marriage between Mr. Samuel Oluseyi and Mrs. Kikelomo Oluseyi on the grounds of cruelty and ill-treatment.
The court presided over by Adedeji Adebisi dissolved the marriage on grounds that the petitioner successfully discharged the burden of proof.
According to the civil summons filed on January 7, 2019, the 56-year-old petitioner Oluseyi, claimed that the estranged wife, Kikelomo always denied him of his conjugal right since he lost his job.
” My lord, since I lost my job in 2001, my wife has always refused me to sleep with her, until I beg her beyond imagination before she would allow me.
“Also, in 2017,she confessed to be controlling my life with juju and that she is the one behind my misfortune,” he lamented
Oluseyi, a security officer stated that urgently needed the separation so as to end the marriage.
He, however, prayed the court to use its discretion over the custody of the five children of the marriage.
The respondent Kikelomo, in her defence, however, built her case on the fact that she had been sick since 2018 and she has been in the church seeking care, claiming that her husband never cared for her.
In his judgement, the magistrate, Messr O. Adebisi, said it is obvious that the marriage has failed and broken down irretrievably, noting that not granting the he petitioner’s prayer may lead to further exceptional hardship and depravity.
” The claims of ill-treatment and cruelty have been successfully proven by the petitioner. The marriage has failed and broken down irretrievably as the petitioner has discharged the burden of proof that he has long suffered and endured for several years.
“The marriage is dissolved and the respondent shall refund the sum of N2500 as dowry to the petitioner through the court.
Adedeji, however, refused to grant the custody of the children to either of the party since they are all adults who could make decisions on their own.