Legal Nigeria

My wife spends our children’s school fees, man begs court to dissolve marriage

An Ado-Ekiti Customary Court on Monday dissolved a 28-year-old marriage between Mr Imoleayo Sunday and his wife, Funmise.
The marriage was dissolved on grounds of frequent fighting and adultery.
Sunday, 51, a resident of Omolayo behind Queen’s Court, Ado-Ekiti, told the court that they use to fight over the way his wife spend their daughter’s school fees.
The father of two said whenever he gives his wife their children’s school fee, she will not pay the money, which affected their first son academically.
He said whenever they have crisis, his wife would tear his clothes and destroy his properties.
He told the court that his wife was an adulterous woman, saying that she aborted a pregnancy for one of her concubines.
The plaintiff said that his wife made the confession to him and her mother when she fell sick.
He said that the man had been to his workshop to pick his wife, and sometimes came with his colleagues to threaten him.
“There was a day they were discussing on an issue, suddenly a car came to pick her by his side and left him alone,’’ he said.
Sunday said he was not happy that his first son refuses to be educated, stating that his mother was his problem.
He prayed the court to award him the custody of the female child.
However, their 15-year-old daughter told the court that she does not want her parents to divorce because it would break their home and affect their future.
She said her mother informed her about the divorce, but told her to put her mind at rest.
But the respondent, Funmise, 45, denied the allegations levelled against her.
She said that her husband abandoned her for a long period of time without considering her and the children.
She said that she was pregnant before she knew that her husband has a wife before her.
Funmise said that her husband’s parents knew how he was beating her while she was with him them.
The respondent said that she never had any man since their separation, because she loves her husband, even their daughter will not allow her to have another husband.
She therefore urged the court to award her the custody of her daughter.
The President of the court, Mr Joseph Ogunsemi, observed that the marriage had broken down irretrievably and consequently dissolved the marriage.
He ruled that the custody of their daughter, Imoleayo Boluwatife, 15, should be awarded to the wife, while Imoleayo Olaoluwa (27) can decide on his own.
Ogunsemi also ruled that the husband should be paying N4,000 monthly on the feeding allowance of their daughter and be responsible for her education.
The court granted access to the husband to see his daughter.