Kwara court dissolves 28-year-old marriage over adultery

Delivering her judgement on the case with suit number KWS/309/2018 on Thursday, July 28, the judge also held that the respondent, Mrs. Dada had no joint ownership of a Lagos State residential property with the petitioner.

The court also did not grant custody of the three children of the 28-years-old marriage to any of the parties, as it held that the children are adults who are above 20 years of age.

Mr. Dada, who is a prince of Eruku town, in the Ekiti Local Government Area of Kwara State had approached the court to seek the dissolution of their marriage on the grounds that his wife was in the habit of having extra marital affair with different men while still married to him.

The petitioner also stated through his counsel, Josiah Adebayo, that, “The parties are no longer able to sit down together to discuss.

“The respondent is promiscuous, uncaring, temperamental, hostile, and has behaved in such a way that the petitioner could not reasonably be expected to Iive with her.

“The respondent goes out and returns home at will. She sometimes returns as late as 2:30a.m.

“She always chat with man friends through her facebook, Badoo and Whatsapp.

“Sometime ago, a woman known as Mrs. Kasumu, wife to one Mr. Olaseni Kasumu phoned the petitioner to inform him of the havoc that the respondent has wrecked on her family through her extra marital affairs with her husband.”

Also, counsel to Mrs. Roseline Dada, Olubukola Awoniyi, told the court that the respondent testified in court but did not call any witness.

Roseline, who denied the allegations that she was promiscuous and stayed longer outside, alleged that her husband was the one involved in adultery.

She, however, said that she was not opposed to the dissolution of their marriage, but prayed the court to grant her part ownership of their Lagos building which she said was a joint project executed by her and the petitioner.

The respondent, who also told the court that the petitioner was not the kind of man she should have married in the first place, said that Mr. Kasumu was her boss and not her man friend.

She also said that the petitioner always accused her of having extra marital affair and would beat her.

She added that the petitioner was fond of calling people to meetings to discuss their matrimonial affair.

Speaking with journalists after the court session, the counsel to the petitioner, Mr. Josiah Adebayo, said that the petitioner did not approach the court to open can of worms, but decided to further give pieces of evidence against the respondent when she allegedly started to twist the matter to her favour.

“Yes, it was a sad thing because many of us hold dearly to issue relating to marriage because that’s the fabric or the nucleus of the society. Mr. Dada alleged that she behaved in a way such that he cannot reasonably be expected to live any longer with her. The major aspect of the behaviour is adultery with so many people.

“We came to court not with the intention of opening can of worms but just to testify and give incidences of how the allegation of adultery were committed.

“But when she came to court and started telling lies that it was the petitioner and not her who was committing adultery, we then confronted her with other pieces of evidence we have, eg the nude pictures she sent to one Mr. Kasumu, her picture and that of Mr. Kasumu.

“The court found that she committed adultery.

“She also said that she jointly owned a Lagos residential property with the petitioner which the court found not to be true.”

“The court thus dissolved their marriage.

“Since the children are adults and above 20 years of age, there was no reason to grant either of  party their custody”.

Delivering judgment, Justice S.T. Abdulqadri granted the dissolution of their marriage, saying that she found the evidence presented before the court on the allegations of adultery against the respondent to be true.

The court also held that the respondent, Mrs. Dada had no joint ownership of  a Lagos State residential property with the petitioner.

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