Court dissolves marriage over beating
By Martins Fasusi, Okitipupa
|
An Okitipupa Grade A Customary Court has dissolved the 13-year-old marriage between Mrs Iyabo Williams, 33, and Mr. Sunday Williams, on the grounds of ill treatment cruelty and constant beating .
The court granted the prayers of the petitioner, Mrs Iyabo Williams, who sought for the dissolution of the marriage which she said she was no longer interested in.
When put on oath, Iyabo told the court that her estranged husband always fought and beat her over trivial issues, thereby turning her to a punching bag .
She added that her husband always threw her things into the gutter and it usually disturbed her peace of mind.
The petitioner, however, said she is comfortable with the custody of the only child Omowole Williams aged 11.
However, the respondent, Mr. Sunday Williams could not controvert all the petitioner’s claims since he was not present in court throughout the trial, despite all the necessary notices served on him
In his judgement, His Worship, Adedeji O. Adebisi held, “the final opportunity to hearing the respondent’s side of the story would have been today. But the respondent has failed to come and tell his side of the story.
“This is without doubt, a strategy to frustrate this matter and to further keep the court waiting endlessly”.
“With this, I am mindful to adopt the age long principle of law which is to the effect that unchallenged uncontroverted evidence is as good to be acted upon by the court.”
On the whole, the presiding judge dissolved the marriage and ruled that the petitioner should refund the sum of N2,500 paid as dowry to the respondent through the court .
The custody of the child, Omowole Williams was, however, granted to the respondent.