Court dissolves 9-year-old marriage over lack of love, irreconcilable differences




By Ijendu Iheaka

 

Aba    –     An Aba-la-Ohazu Customary Court, Aba, on Friday dissolved the marriage between Benedicta Oforji, and her husband, Chinatu Oforji, over lack of love, abandonment and irreconcilable differences.
Dissolving the marriage, the Senior Magistrate, Diamond Olewengwa, said that the court having heard the petitioner’s prayers, and the concurrence of the respondent, the husband, it had no option than to dissolve the marriage.
Olewengwa added that Chinatu’s refusal to perform his conjugal rights for over two years, and his failure to controvert the petitioner’s application, was an indication that love, a vital ingredient in any marriage, was lacking.
“Having regard to the fact that it takes two consenting minds to be in a valid marriage, there must be a consensus for both sides to remain in the marriage.
“And where both are seen to be lacking in agreement in the marriage, the logical leeway is to grant the prayer order sought by the petitioner.
“It is hereby ordered that the marriage contracted in March 2009, under the customs and tradition of Ulakwo, Enyiogwugwu in Owerri North LGA,Imo State, have broken down irretrievably.

“ The marriage that broke down as a result of lack of love, abandonment, irreconcilable differences, stands dissolved.”
Olewengwa ordered Chinatu to collect the bride price he paid on Benedicta’s head through the court’s registrar.
He granted Benedicta continued custody of her adopted children, the freedom to revert to her maiden name , `Iheme’ and to give her adopted children her maiden name.
He said that the parties were free from any existing encumbrances, free to re- marry any other persons of their choices hence, “they should keep the peace as they go their separate ways.”
In her petition, Benedicta had told the court that her marriage had produced no issue, except for the two adopted children.
She claimed that her husband’s hatred for her was huge, making him refuse to make love to her for over two year now.
Benedicta further told the court that Chinatu extended his hatred for her to her two adopted children.
The petitioner said arising from the lack of love and the inhuman treatment by her husband, who hails from Umuokommiri, Obehie, Ukwa West LGA of Abia State, she prayed for dissolution of the marriage





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