A man, Kehinde Apalara had approached Oja Oba/Mapo Court C Customary Court, Mapo, Ibadan, Oyo State, seeking that it terminate his 18-year-old marriage to his wife, Maryam Apalara.
Kehinde had sought for divorce on the accounts of lack of rest of mind and threat to life.
The plaintiff pleaded with the court if his prayer was answered to grant him custody of the five children produced by their marriage.
Maryam consented to divorce, but disagreed that her husband had custody of their children.
Kehinde told the court that:”My lord, Maryam had vowed that I would know no peace since the moment I took a second wife.
“She took to threatening me and I believe she would kill me if I didn’t act fast which is my reason for dragging her to court.
“She fights and rains curses on me every now and then. She has turned my home upside down.
“She told me that for peace to reign, I must give her N500,000 to boost her business. I transferred the amount to her account a few hours after her request, but rather than change, Maryam got worse.
“My lord, I decided to attend this year’s hajj and informed my household. I left home early for the Lagos international airport on the departure day to avoid missing my flight.
“My lord, on getting to Lagos toll gate, I was waylaid by thugs who surrounded my vehicle and forced me out. They harassed and threatened me with dangerous objects. I escaped from them by luck.
“I later learnt they were sponsored by Maryam.
“She packed her belongings and left home with our children before I returned from hajj.
“Our first child who was in the boarding school and who had just finished her final examination called that I should come for him and I brought him home.
“Maryam on learning that he was with me came to pick him when I was not around but my mother refused that she took him away.
“She behaved rudely to my mother and beat her. She also fought my second wife.
“Our son has gained admission into a higher institution and she kept insisting I take her to his school or she would deal with me.
“My lord, Maryam is a disgrace to the womenfolk. I’m no longer interested in her. I pray that you end our marriage and grant me custody of our children,” the plaintiff stated.
Maryam giving her evidence, told the court that: “My lord, I agree that the court separate us but I disagree that my husband have custody of our children. Kehinde travels a lot due to the nature of his job and therefore can’t give the children the attention needed.
“He is also too harsh on them; he hardly plays or listens to them. They therefore prefer to be in my company.
“Kehinde was fond of abandoning me and the children at home which was the main reason we were always at loggerheads.
“Any time I raised this issue, he would get mad at me and beat me to a pulp. There were times I was admitted in the hospital as a result of his beatings.
“My husband stopped eating at home and would prefer to eat outside. He refused to change despite pleading and appealing to him to see reason.
“My lord, to my surprise, he took another wife without informing me. His new wife turned our home upside down and fought me on daily basis.
“He lied that I sent thugs to waylay him. He was the one who beat me mercilessly at the toll gate where we met. I was seeing off my friend who was also going for hajj when we ran into the thugs who were harassing motorists travelling along the route.
“I left home because he told me he didn’t want to meet me at home on his return from hajj, “the defendant said.
Giving his judgment, the court president, Chief Ademola Odunade, observed that their marriage had broken down irretrievable.
Ruling, Odunade dissolved their wedlock. He gave custody of the first and second children in their marriage to the plaintiff and the remaining three to the defendant.
The plaintiff was ordered to pay the sum of N15, 000 monthly through the court as their feeding allowance. He was also mandated to be responsible for their education and health service.
Both were advised to maintain peace.
and then