Abuja -A Gudu Grade 1 Area Court, Abuja, on Monday struck out dissolution of marriage suit, filed by one Oyindamola Bamgbose, on technical ground.
Bamgbose is seeking the dissolution of her marriage with Dr Bamitale Olorunnisola and the custody of the children.
The trial Judge, Isah Imam stuck out the case, as Islamic Law forbids two prayers in a suit.
The judge said that the court operates the Islamic Law, which forbids merging two independent suits like the dissolution of marriage and granting custody of children.
Earlier, the counsel to the petitioner, Suleiman Yahaya asked the court for the dissolution of marriage and custody of children of the applicant.
He told the court that the appellant lawfully got married to the respondent in Jan. 22, 2009 and the marriage produced two surviving children.
Yahaya said that the respondent who resides in Gusau, no longer lives with the applicant since September 2014, and has since remarried.
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He asked the court to discountenance the application made by the respondent.
Yahaya said that the petition was only an application for dissolution of marriage she has made before the court.
The counsel said that he would establish his claim during the hearing.
He, however, prayed the court to strike out the claim for the custody of the children and not the entire suit.
Yahaya said that the applicant‘s ground of seeking divorce are on breach of marriage agreements and other irreconcilable differences
The counsel to the respondent, Yusuf Abdullahi, objected to the petition seeking dissolution of marriage and custody of children.
He said that joining the two requests is against independent procedures and should be handled separately as guarded by the principles of the Islamic Law.
He, however, urged the court to strike out the matter in the interest of justice as it is incompetent.(NAN)