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MAINTENANCE IN DIVORCE CASES

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Dictum

LUMSDEN v. LUMSDEN (1963) 5 FLR 388, the Supreme court of Victoria said on the issue of award of maintenance and I quote from 392 thus: “Maintenance is intended to provide for the needs of the wife and not mark disapproval of the husband’s conduct.”

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DOMICILE IS THE BASIS OF JURISDICTION IN MATRIMONIAL CAUSES

The basis of jurisdiction in matrimonial causes under the Matrimonial Causes Act, 1970, is domicile. It is the domicile of a person that confers jurisdiction on the court to entertain his or her petition for dissolution of marriage. Where the domicile of a petitioner is not established the court will lack jurisdiction to decree a...

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COST NOT AWARDED IN MATRIMONIAL MATTER

This being a matrimonial matter it is not in the interest of justice to award costs in this case, each party should bear his or her own costs. — M.O. Onalaja, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000 Was this dictum helpful? Yes 0 No 0...

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JURISDICTION IN DIVORCE PETITION IS GOVERNED BY DOMICILE

It was held in Koku v. Koku (1999) 8 NWLR (Pt.616) 672 CA that:- “Jurisdiction of court to hear a divorce petition is governed by the domicile of the husband and not by the residence of the husband. And by operation of law, a married woman, on marriage, takes on the domicile of her husband. Consequently, the court with jurisdiction to adjudicate on a divorce matter is the court of the domicile of the husband Bhojwani v Bhojwani (1996) 6 NWLR (pt.457) 661”. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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BASIS FOR JURISDICTION IN MATRIMONIAL CAUSES IS DOMICILE

Finally the basis of jurisdiction in matrimonial cause under the Matrimonial Causes Act, 1970 is domicile. The issue of domicile of the petitioner forms the foundation or pivot of adjudication in the petition. Jurisdiction of court to hear a divorce petition is governed by the domicile of the husband and not by his residence. By...

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MATRIMONIAL RIGHTS ARE NOT FUNDAMENTAL RIGHTS UNDER CHAPTER IV CFRN

I hold the firm view the rights to conjugal rights, to continue to be married to an unwilling spouse, and not to separate and call quits to a marriage are not fundamental rights guaranteed under Chapter IV of the Constitution, 1999. The matrimonial causes so called under Section 114 of Matrimonial Causes Act which include...

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