Elizabeth O. Falobi V. Joseph O. Falobi (1976)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C

In an application filed in the High Court of the former Western State sitting in Ibadan, the plaintiff, now respondent, complained that the defendant, now appellant, had wilfully neglected to provide reasonable maintenance for her and for their four children.

The parties were married on the 9th day of September, 1964, in the Magistrate Court Marriage Registry at Ibadan. At the time of the application, there were four children of the marriage namely, Kikelomo aged eight years, Olufunlola aged six years, Kolawole aged four years, and Bolarinwa aged three years.

The heading of the application reads:

“Section 6 of the Matrimonial Proceedings and Property Act, 1970, Rule 98 of the Matrimonial Causes Rules, 1968. Originating Application on ground of Wilful Neglect to maintain.

In the matter of an application under Section 6 of the matrimonial Proceedings and Property Act, 1970”

After setting out the particulars on which the application was predicated, the plaintiff asked the court for the following orders:

“I apply for an order that the respondent do make provision by way of secured periodical payment from his salary for me and the four children of the marriage who are of tender ages.

I ask that I may be granted custody of the said Kikelomo, Olufunlola, Kolawole, and Bolarinwa Falobi”

Some of the particulars relied upon and which were verified by an affidavit sworn to by the plaintiff read:

“5(a) Respondent deserted me and the said children of the marriage on/or about 27th August 1970.

(b)That by the aforementioned respondent’s desertion in (a) above, I had to assume responsibility for rent, 18pounds.10.0d, feeding of myself, the children of the family monthly at the rate of 40pounds and also clothe myself and the said children of the family at an estimated cost of 80pounds and 130pounds per annum respectively.

(g) The respondent has formed a settled intention of permanently staying away from the matrimonial home and the family.

(h) The respondent spends all his salary of over 1,500pounds on himself and his girlfriends only.