Ayeverhuvwu Oduvesiri Vivi Ibru-stankov V. Aleksandar Stankov (2016)

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IGNATIUS IGWE AGUBE, J.C.A.

 By a Notice of Petition and Petition For Decree of Dissolution of Marriage dated and filed on the 29th day of March, 2011 at the Owerri Division of the High Court Justice, Imo State and addressed to Mrs. Ayeverhuvwu Oduvesiri Vivi Ibru-Stankov of 2/4 Mosley Road, Block BPH-7 Ikoyi Lagos, Aleksandar Stankov of the same address (the Petitioner) sought for the dissolution of the marriage between the Petitioner and the Respondent (Ayeverhuvwu Oduvesiri Vivi Ibru-Stankov) for that the ground upon which the Court would be asked to find that the marriage had broken irretrievably is:
?(a) That since the marriage, the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with her.?

The Petition gave the history of the marriage and the surname of the Respondent before the marriage as Ibru and that the couple were married at Our Saviour?s Church, Lagos, on the 8th July, 2006 and further that whereas, the Petitioner was born in Serbia on the 3rd of October, 1974; the Respondent was born in London, United Kingdom on the

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12th of September, 1974.

On the grounds for dissolution of the marriage as advanced by the Petitioner, he stated at page 4 of the Records as follows:
?The Respondent is always cold and moody each time she sees the Petitioner and when the Petitioner attempts to relate to her, she charges aggressively on the Petitioner.
?c. The Respondent is very secretive and does not want the Petitioner to know about her dealings in and outside their matrimonial home. For instance, sometime in September/October 2009 during her family business-Oceanic Bank Probe by Central Bank of Nigeria, the Petitioner was shocked over huge sum of money found in the Respondents Bank Account. The Petitioner was shocked to the marrows when he discovered that the Respondent had such huge sums and properties without his (Petitioner?s) knowledge.
?d. The Respondent has currently instigated her maiden family (Ibru) to unnecessarily interfere in the running of the Petitioner?s family to the chagrin of the Petitioner.
?c. The Respondent being in property development management is always busy with her business living the care of their three

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children in the hands of the Petitioner?s mother.
?F. The Respondent is always raising her voice on the Petitioner?s mother.
?g. There is serious lack of trust, love and affection existing between the Petitioner and Respondent which have equally affected their performance conjugal rights on each other.?
?h. The Petitioner as a result of the fact stated in paragraph (g) above does not want to commit adultery.?
On whether there was condonation, Connivance and Collusion with/at the Grounds as above stated, the Petitioner in paragraph 8 of the Petition pleaded that he had ?not condoned or connived at the grounds specified above, and is not guilty of collusion in presenting this Petition.?

In paragraph 9 thereof captioned ?ARRANGEMENT FOR THE CHILDREN:?, the Petitioner pleaded that he had made adequate arrangements for the children as Mila who was then in Nursery 3 at Cocoon Nursery School will continue with her education thereat. He also averred that he had the means and resources to train her up to University level and will encourage her to obtain Higher Degrees as she is

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willing to do. The same also goes with Michael who is in Nursery 1 at Kids Island Nursery School while Naomi-Rose the third child of the marriage would also have the same educational opportunities like her elder ones. The Petitioner also averred that he lived in a five Bedroom Duplex in an environment and neighbourhood that is well suited for bringing up the children as all the rooms are air conditioned and furnished to taste.

He also described himself as good Christian with good moral up bringing which he would impact on the children apart from having a retired mother and maids who will take care of all the domestic needs of the children as the Respondent is a very busy Business Woman and has no time to take care of the children as would be done by the Petitioner who also has a driver to assist if the need arises.
As for the Orders/RELIEFS sought; the Petitioner stated them as:
?a. A Decree of Dissolution of the marriage contracted between the Petitioner and the Respondent on the 8th of July, 2006 at Our Saviour?s Church, Lagos on the grounds that the same has broken down irretrievably .
?b.Custody of the children of the

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marriage namely: MILA KESIENA, MICHAEL ALEKSANDAR and NAOMI ROSE OMO?ESERI STANKOV.?