An Upper Area court sitting in Akerebiata, Ilorin, Kwara State, has dissolved the marriage between Tomoke Isiaka and Abdulfatai Abolarin over lack of love.
The marriage was contracted under the Islamic law.
Abolarin, 52, a commercial driver had filed for divorce from his wife, Tomoke, 42, a trader over lack of love.
The couple had been married for 15 years.
When the matter was first mentioned in the court, the trial judge, Suleiman Adams, advised the two parties to explore out of court settlement.
But on May 26, the parties reported a ‘settlement failure’ which made the judge to grant the prayer of the respondent (wife) and ordered the petitioner to pay the wife the money he owed her.
The petitioner informed the court of his readiness to pay the respondent the debt and told the court that, “I am here with the money [N49, 000] to pay her (the respondent), and let this court grant my divorce request today”.
Dissolving the marriage, the trial judge, Suleiman Adams, said:
“We are compelled to follow the injunction of the Holy Qur’an that divorce is not to be advised between couples.
“However, the Qur’an further states that where settlement between a couple becomes impossible, that in the interest of peace and justice, such a marriage should not be unnecessarily imposed but rather to be dissolved. The court could neither superimpose a wife on a husband nor a husband on a wife. In the instant case, both the wife and the husband have right to divorce.
“And in view of the statements and the testimonies given so far in the instant matter by the parties, I found out deductively that the marriage between them has lost outright what is called love.
“The inelastic decision of the petitioner to proceed on the divorce petition in spite of appeals for reconciliation and his timely fulfillment of the payment of the said claim of uncontested debt clearly show that there is no more love ‘inter parties’.
“I, therefore, for this reason, order that the marriage between the parties is hereby dissolved. And that the respondent must observe three menstrual periods (Iddah) in the petitioner’s house who shall maintain the respondent during the period.”
He further ordered the petitioner to be issued a divorce certificate at the court’s registry on the payment of the requisite amount.
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