Court dissolves 9-year-old marriage over lack of love, irreconcilable differences

January 12, 2018

By Ijendu Iheaka

An Aba-la-Ohazu Customary Court has dissolved the marriage between Benedicta Oforji (Nee Iheme), and her husband Chinatu Oforji on grounds of lack of love, abandonment and irreconcilable differences.

Dissolving the marriage, The Senior Magistrate, Diamond Olewengwa said that the court having heard the petitioner’s prayers which her husband did not controvert showed that he had accepted the dissolution.

Olewengwa added that Chinatu’s refusal to perform his conjugal rights for over two years and failure to reject Benedicta’s dissolution prayer showed that love which is vital in marriage was lacking.

“Having regard to the fact that it takes two consenting minds to be in a valid marriage, there must be a consensus for both sides to remain in the marriage. 

“And where both are seen to be lacking in agreement in the marriage, the logical leeway is to grant the prayer order sought by the petitioner.

“It is hereby ordered that the marriage contracted and existing between in March 2009 under the customs and tradition of Ulakwo, Enyiogwugwu in Owerri North LGA,Imo State,

“Having broken down irretrievably as a result of lack of love, abandonment, irreconcilable differences, stands hereby dissolved”.

Olewengwa therefore ordered Chinatu to collect the bride price he paid on Benedicta’s head through the court registrar.

He granted Benedicta continued custody of her adopted children, the freedom to revert to her maiden name - Iheme - and to give her adopted children her maiden name.

He said that the parties were free from any existing encumbrances, free to marry any other persons of their choice hence they should keep the peace as they go their separate ways.

Benedicta had told the court that her marriage had produced no issues except for the two adopted children and that her husband had hated her, refusing to make love to her for over two year now.

She said that Chinatu, her husband so hated her that he did not only refuse to make love to her for over two years now, but had also extended his hatred for her to her two adopted children.

Benedicta said that based on lack of love and the inhuman treatment from her husband who is from Umuokommiri, Obehie, Ukwa West LGA of Abia State, she wanted the marriage dissolved.