May 31, 2017
By Ijendu Iheaka
An Aba-la-Ohazu Customary Court in Aba South Local Government Area of Abia has dissolved the marriage between one Penelope Daniel and her husband, Onyebuchi, over the latter’s desertion.
Penelope, who was the petitioner, had told the court on Wednesday that her husband had caused her much agony and pain by deserting her and their only child for over one year.
She asked the court to dissolve the marriage which was contracted under the traditional customs of Eziudo and Ukpakiri people of Obingwa Local Government Area of Abia on Dec. 16, 2014.
Penelope, was represented by Mr Onu Odumodu while Onyebuchi was neither present nor did he send a representative.
Giving his ruling, Senior Magistrate Diamond Olewengwa noted that the court ensured that the respondent was served court processes to enable him appear to defend his case.
He said the respondent, in choosing not to appear in court, indicated that he had acceded to the petition seeking dissolution of the marriage.
Olewengwa also said that the parties had failed to perform their conjugal rights and had been separated for more than a year now.
Keeping away from each other, he added, was a sign that the couple no longer love one another.
He said that the import of such action was that the marriage had broken down irretrievably and could no longer be salvaged.
Olewengwa consequently declared the marriage dissolved citing lack of love, long abandonment, separation and irreconcilable differences.
He granted the petitioner continued custody of the only child of the marriage while ordering her to refund to Onyebuchi the bride price of N1,000 paid on for her hand.
Olewengwa, however, authorised Penelope to take possession of her personal effects and other properties of hers in the custody of the respondent at his residence.
He said that the parties were free from any encumbrances formerly existing and could re-marry any other person of their choice.
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