Angela Anidiobi V. Cajetan Anidiobi (2006)

LawGlobal-Hub Lead Judgment Report

JA’AFARU MIKA’ ILU, J.C.A.

This is an appeal in respect of a matrimonial cause. A petition was filed against the appellant in Enugu State High Court, Enugu Judicial Division in suit NO.E/160/92 on the following ground:-

(a) The marriage has broken down irretrievably.

(i) The respondent has deserted the petitioner for a continuous period of at least one year immediately proceeding the presentation of this petition.

(ii) That since the marriage, the respondent has committed adultery and the petitioner, finds it intolerable to live with the respondent;

(iii) That since the marriage, the respondent has behaved in such a way that the petitioner can not reasonably be expected to live with the respondent.

The petitioner was seeking for an order of a decree of dissolution of his marriage on the above grounds and he was also seeking for an order of custody of the only child of the marriage, Theodora Mgoife Anidiobi.

The appellant filed her answer and cross-petition. In her cross-petition she petitioned the court for:-

(a) a decree of restitution of conjugal rights against the petitioner; or alternatively,

(b) a decree of dissolution of marriage against the petitioner on the ground of:-

(i) desertion of the respondent by the petitioner for at least one year immediately proceeding the presentation of this cross-petition; and

(ii) that since the marriage the petitioner has behaved in such away that the respondent is not reasonably expected to live with him; and

(iii) that since the marriage the petitioner has persistently committed adultery and the respondent finds it intolerable to live with him; and

(c) an order for the maintenance of the respondent and the two children of the marriage.