An Okitipupa Customary Court has dissolved the 24-Year old marriage between Mrs. Ronke Omowomo and Mr. London Omowomo on the grounds of constant beating, excessive provocation and lack of care on her and the children.
The petitioner, Mrs. Ronke Omowomo was able to discharge the burden of proving that she had long suffered and endured for 12 years, therefore cannot continue any longer.
The claims which the respondent Omowomo was unable to defend even though he was given the opportunity but failed to do so.
The marriage which is blessed with five issues – which are all minors except the first child.
In his judgment , Mr. Adedeji .O. Adebisi said since all efforts to reconcile both parties by the court has failed and not granting the petitioner’s prayers may lead to further exceptional hardship and depravity.
He said “It is worthy of note that 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 him ”
Adedeji added that since the children of the marriage are all minors except the first child ” I am therefore of the opinion that the dissolution is necessary since all the minors are females who should not see marriage from the angle their father is heading it.
“The scene of their father constantly beating their mother in their presence will lead to a psychological effect thereby affecting their current situation and position in life generally.
“The prospect for reconciliation is very slim and if the marriage is not dissolved, it will be impossible for the petitioner to remarry and live respectably, then she will remain a prisoner of the respondent “.
Adedeji ruled that the marriage is hereby dissolved and the issue of the custody of the four children who are minors is granted to the petitioner, Mrs. Ronke Omowomo.
However, he said the respondent can visit them as much as he desires during reasonable hours.
He said the first child who is 18 years old is free to decide who he wanted to be with or where he want to be stressing that that the respondent shall pay a sum of N25,000 every month through the court to the petitioner as feeding up keep for the children of the dissolved marriage starting from the June .
He added that the respondent shall also pay a minimum of 60 percent sum in any expenses that arises to be paid for the educational, health and social advancement of the children.
Adedeji added that the petitioner must be responsively for the remaining 40 percent of such expenses.