PETITION FOR DISSOLUTION

The Petitioner MrsOlajumokeBendel whose address is at 137, Awofeso Drive, Shomolu, Lagos Mainland, and whose occupation is an Account Clerk with Telegram Department, Yaba Branch petitions the Court for a decree of dissolution of the marriage against the respondent AkinolaBendel whose address is at 127, Martins Street, Lagos and whose occupation is an Account Clerk with Kilpatrick Limited, Isolo, Lagos Mainland.

MARRIAGE

1. The Petitioner then a spinster was lawfully married to the respondent then a bachelor at St. Paul's Church, Shomolu, Lagos Mainland on the 1st day of February, 1976.
2. The surname of the Petitioner immediately before marriage was Miss Tunde.
BIRTH OF PETITIONER AND RESPONDENT
3. The Petitioner was born in 1952 in Lagos and the Respondent was born in 1949 in Oyo State, Nigeria.
DOMICILE OR RESIDENCE
4. The Petitioner is within the meaning of the Act, domiciled in Nigeria, the facts on which the Court will be asked to find that the Petitioner is so domiciled are as follows: Previous to the marriage the Petitioner was residing with Petitioner's Parents at 137 Awofeso Drive, Shomolu, Lagos and has remained within the jurisdiction of Lagos since that date.
COHABITATION
5. Particulars of the places at which and periods which the petitioner and the respondent have cohabitated are as follows:
   
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   1. Immediately after marriage at 73 Ogunbadejo Way, Shomolu and finally 45 Wereni Drive Palmgrove, Lagos Mainland.
6. The date in which and circumstances in which cohabitation between the petitioner and the respondent first ceased are as follows:
   
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   1. On 5th December, 1981, the Respondent threw the petitioner out of the matrimonial home at 75 Wereni Drive, Palmgrove and cohabitation between the parties ceased from that date.
7. Particulars relating to the children to whom order Rule 8 applies are as follows:
   
   1. Yetunde, female, born on 17th April, 1976.
   2. Titilayo, female, born on 29th November, 1977.
PREVIOUS PROCEEDINGS:
8. Since the marriage there have not been any proceedings in a Court between the Petitioner and Respondent.
CONDONATION, CONNIVANCE AND COLLUSION:
9. The Petitioner has not condoned or connived at the grounds specified above and is not guilty of collusion in presenting this petition.
PROPOSED ARRANGEMENTS FOR CHILDREN
1. EDUCATION: Yetunde now in Primary 3 and Titilayo in Primary 1, are currently attending Baptist Primary School, Shomolu and will continue in the School and progress to higher institution of learning in future to the best of their ability.
2. MORAL OBLIGATION: The Petitioner will continue to bring the two children up in the Christian faith.
3. MAINTENANCE: The Petitioner has been responsible for the up-keep, School fees and medical expense of the children namely: Yetunde and Titilayo and the Respondent was ordered to bear the responsibility with effect from 1st January 1984 and pay monthly allowance ofN40.00 Naira per child subject to review.
4. CUSTODY: The children have been residing with the Petitioner and her parents at 137 Awofeso Street, Shomolu and will continue to live with the Petitioner at the same address.
ORDER SOUGHT
10. The Petitioner seeks the following orders:
    
    1. A decree of dissolution of marriage on the ground that since the marriage the Respondent has behaved in such a way that Petitioner could not reasonably be expected to live with the Respondent.
    2. Custody of the two children of the marriage now living with Petitioner.
    3. The Respondent be ordered to pay the school fees and maintenance of N40.00 Naira per month subject to review.
    4. Access to the Respondent during school holidays.

VERIFYING AFFIDAVIT

I, MRS. ELIZABETH OLAJUMOKE BENDEL Nigeria citizen, female, Christian, account clerk residing at No. 137, Awofeso Drive, Shomolu, Lagos State, make oath and state as follows:

1. That I am the Petitioner in this suit.
2. That I verify the facts stated in my petition by virtue of my personal knowledge of same.
3. That the statements set forth in paragraph I to II of my petition are true and correct to the best of my knowledge, information and belief

NOTICE OF PETITION

TO: AkinolaBendel, 127 Martins Street, Lagos.

1. TAKE NOTICE that a petition has been presented to the above-named Court by Mrs. OlajumokeBendel of 137 Awofeso Drive, Shomolu, Lagos State instituting proceedings for decree of dissolution and also seeking orders with respect to the children of the marriage.
2. A sealed copy of the petition is delivered to you with this notice.
3. If you intend to consult a solicitor in connection with this proceedings you should take to the solicitor all the documents delivered to you.
4. The form of acknowledgement of service delivered to you with this notice should be completed and signed by you and either you or your Legal Practitioner should immediately return it to the Petitioner's Legal Practitioner, an addressed enveloped is delivered to you for that purpose.
5. If you desire:
   
   1. To deny any facts alleged in the petition
   2. To allege any additional facts for the consideration of the Court
   3. To submit to the Court that it should dismiss any of the proceedings instituted by the petitioner or
   4. To make any other submission to the Court, you should file an answer to the Petition.
6. If you wish to institute proceedings for dissolution of marriage, nullity of marriage judicial separation or restitution of conjugal rights, you may do so in an answer to the petition filed by you. If you institute proceedings for dissolution of marriage on the ground that the petitioner has committed adultery, you may also by the answer, institute proceedings for damages in respect of the adultery.
7. If you wish to institute proceedings for the purpose of seeking an order with respect to maintenance for yourself, a settlement, the custody or guardianship of infant children of the marriage or the marriage, you should do so by filing an answer to the petition. If you fail to do so you will have to obtain the leave of the Court to institute the proceedings.
8. If you do not wish to file an answer but wish to receive a copy of each document filed in connection with the proceedings you should file a notice of address for service. However, unless you file an answer, you will not without the leave of the Court be entitled to furnish evidence to the Court, or address the Court at the trial of the proceedings in your absence.
9. Any answer or notice of address for service filed by you must be filed within 14 days after you receive this notice or within such extended period as the petitioner or the Court allows, and service of a copy of the answer of notice must be effected in accordance with the Matrimonial Causes Rules.

DATED THIS ..........DAY OF ...................... 2014.

ACKNOWLEDGEMENT OF SERVICE

I, ............................ acknowledge that on ......... , .............. day of…………… 2004 at. ………………..
I received:

1. A sealed copy of the Petition in these proceedings
2. Notice of Petition addressed to me.

I also acknowledge that I am the person referred to in the sealed copy of the Petition as the .................. . and that I am the person to whom the notice of petition is addressed.

DATED THIS ............DAY OF........................... 2004.