UNIT 15

MATRIMONIAL CAUSES

Matrimonial causes in Nigerian civil litigation pertain to legal issues arising from marriage, including divorce, judicial separation, nullity of marriage, and other matrimonial matters. The legal framework governing matrimonial causes in Nigeria is derived from statutes, case law, and customary law. The matrimonial causes act (MCA) Cap. M7, laws of the federation of Nigeria 2004 provides the statutory framework for matrimonial causes in Nigeria. It covers the grounds for divorce, judicial separation, and nullity of marriage. The 1999 Constitution (as amended) also has provisions that indirectly affect matrimonial causes, particularly in terms of fundamental human rights which can impact family law matters. Customary law applies to marriages conducted under customary practices. Each ethnic group may have its own customs affecting matrimonial issues. In states that practice sharia law, such as Kano and Sokoto, Islamic law governs matrimonial causes.

DIVORCE

See the case of Iyiola V. Iyiola (1999) 9 NWLR (PT. 620) 90 where the court held that the grounds for divorce must be clearly established and proven and also the case of Omisore V. Omisore (2011) 12 NWLR (PT. 1262) 514 where the court highlighted the necessity of proving unreasonable behavior for a successful divorce petition. Under the matrimonial causes act, divorce can be granted on several grounds which includes the following:

1. Adultery: When a spouse has committed adultery and it is impossible for the other spouse to continue living with them (MCA, section 15).
2. Unreasonable behavior: When a spouse behaves in such a way that the petitioner cannot reasonably be expected to continue living with them (MCA, section 15).
3. Desertion: When a spouse has deserted the petitioner for at least one year preceding the presentation of the petition (MCA, section 15).
4. Separation: When the couple has lived apart for at least two years and both parties consent to the divorce, or for five years without consent (MCA, section 15).

JUDICIAL SEPARATION

Judicial separation allows the parties to live apart but remains legally married and it can be granted on similar grounds as divorce but does not dissolve the marriage. See the case of Alabi V. Alabi (2003) 1 NWLR (PT. 803) 476 where the court emphasized that judicial separation is an alternative to divorce, particularly where the parties do not wish to dissolve the marriage. Grounds for judicial separation includes the following:

1. Adultery
2. Unreasonable behavior
3. Desertion
4. Separation for two years with consent

NULLITY OF MARRIAGE

See the case of Dureke V. Dureke (2002) 8 NWLR (PT. 769) 287 where the court discussed issues surrounding impotence and the legal grounds for nullity and also the case of Suleiman V. Suleiman (2014) 2 NWLR (PT. 1390) 345 where the court dealt with the validity of marriage under customary law and statutory provisions. The MCA provides grounds for declaring a marriage void, which includes the following:

1. Non-consummation: If the marriage has not been consummated due to the incapacity of either party (MCA, section 3).
2. Impotence: If a spouse is impotent and the marriage is not consummated (MCA, section 3).
3. Marriage underage: If one of the parties was underage at the time of marriage (MCA, section 3).

CUSTOMARY LAW MARRIAGES

Customary marriages are recognized under Nigerian law and have their own set of rules. Matrimonial causes arising from such marriages are usually handled in accordance with the customs of the parties involved. See the cae of Owo V. Owo (2010) 4 NWLR (PT. 1184) 123 where the court highlighted the importance of understanding customary practices in matrimonial disputes and also the case of Ayoola V. Ayoola (2008) 12 NWLR (PT. 1099) 423 where the court emphasized the need to prove the custom governing a marriage to resolve matrimonial causes.

SHARIA LAW MARRIAGES

Sharia law governs matrimonial causes in states where it is practiced. The principles include divorce, maintenance, and inheritance according to Islamic law. See the case of Kashim V. Kashim (2008) 1 NWLR (PT. 1069) 425 where the court dealt with issues of divorce under Sharia law and the principles applicable.

CONCLUSION

Matrimonial causes in Nigeria are governed by a combination of statutory, customary, and religious laws. Each system has specific procedures and grounds for addressing marital disputes. Understanding the applicable laws and precedents is crucial for effectively navigating these legal issues.