31st March, 2017
An Aba-la-Ohazu Customary Court has dissolved the marriage between Ezinne and her husband, Victor Nwogu, over denial of conjugal right for four years.
Ezinne, the petitioner, told the court that her husband had put her through emotional and physical trauma by beating her and being deceitful.
She also alleged that her husband had refused to pay for their house rent and denied her love as well as conjugal rights since 2014.
She, therefore, prayed the court to formally dissolve the marriage which was contracted in 2010 under the native customs of Amankalu, Igbere, in Bende Local Government Area of Abia.
Ezinne, who is from Umuekene, Obuzor in Osisioma Local Government in Abia, said she wanted to revert to her maiden name, Abel Uche Olawa.
“I am willing to return my bride price of N50, 000 through the court to Nwogu,” she said.
She further prayed the court to direct Nwogu to return all her property in his custody to her and should desist from threatening her.
While the petitioner had Mr Stanley Anyaegbe as her counsel, Nwogu was neither present in court nor was he represented by any lawyer.
The Senior Magistrate, Mr Diamond Olewengwa, said that although Nwagu was served the court papers, he did not appear in court.
“This shows that he is not willing to stop the dissolution process,’’ the magistrate said.
Olewengwa said that the childless marriage which displayed lack of love, a key ingredient in marriage, physical assault and “abdication of duty” on the man’s part showed him to be irresponsible.
“Being separated since 2014 till date and no child from the disjointed union, it is clear that all ingredients of dissolution are present in the petition,” the Magistrate said.
The court, therefore, ruled that the marriage between Ezinne and Victor had broken down irretrievably as a “result of lack of love and trust, deceit, denial of conjugal rights and irreconcilable differences stands dissolved”.
Olewengwa ordered that Nwogu should take back his N50.00 bride price, stop any threats to Ezinne’s life and release her property in his custody.
He also said that Ezinne should revert to her maiden name “Abel Uche Olawa”, adding that both parties were now free to remarry whoever they desired.