A housewife, Mrs Okunola Adenike, has asked an Ado-Ekiti customary court in Ekiti State to dissolve her five-year-old marriage due to abandonment and lack of care from her husband, Oluwasayo.
According to the News Agency of Nigeria (NAN), Adenike, mother of one, complained that ever since she gave birth to their only child, her husband abandoned her and did not bother about her welfare.
Oluwasayo, however, denied contracting any marriage with Adenike and objected to her using his name.
He said they only had a relationship that lasted for one month.
Oluwasayo explained that the relationship resulted in the birth of their only child, Michael, a boy, now four years old.
President of the court, Joseph Ogunsemi, ruled that “it is not in dispute that there is formal marriage between both parties.”
According to Ogunsemi, there is a presumption of customary marriage between the parties and the petitioner has constructively presumed that the respondent is her husband.
He said since she has been bearing and answering his name, the respondent has the right to file an application to the court, restraining the petitioner from using his name.
The court held that the petitioner was free to bear Mrs Okunola pending court order to stop using the name.
Ogunsemi adjourned the case till July 19 for report of settlement or hearing.