Asaba magistrate court

Court dissolves 12-year-old marriage over lack of care for children

An Ado-Ekiti Customary Court has dissolved the  12-year-old marriage between Mrs Toyin Adaraloye, and her husband, Ifeoluwa Adaraloye, over lack of adequate care for their children and ‎constant fighting.

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The marriage is blessed with three children, namely: Opeyemi, 11, Joy, 8, and Posi,6.

Toyin, 34, an hairdresser, who resides at No. 5, Acuna St., Ekute Quarters, Ado-Ekiti, in her petition, said after their traditional engagement, they had three children.

Toyin said that she was no longer interested in the marriage because her husband refused to take care of the children.

She also said that she no longer love Adaraloye because they fight frequently over his refusal to adequately take care of the children.

Toyin told the court to dissolve the marriage because she was already pregnant for another man.

She also prayed the court to award the custody of the children to her to enable her take good care of them.

Toyin requested for N10,000 as monthly upkeep for each of the children, adding that  Adaraloye should also be responsible for the education of the children at all levels.

Adaraloye, 38, a furniture maker, who resides at No. 7, Igirigiri area of Ado-Ekiti, denied all the allegations leveled against him.

He told the court that he paid N5,000 as dowry which had since been returned to him, adding that since then he did not know the where about of the petitioner and his three children.

 

Adaraloye requested for the custody of the three children, assuring the court that he would remarry in April because he already had a lady that he wished to marry.

The respondent said if he was eventually denied the custody of the children, he would pay N2,500 for each of the children as their monthly upkeep.

He also assured that he would be responsible for the education of the children at all levels.

The court’s President, Mr Joseph Ogunsemi, said that the marriage had broken down irretrievably and consequently dissolved the union.

He awarded the custody of the only male child of the marriage, Posi, to the respondent, while the custody of the other two female children Opeyemi and Joy was awarded to the petitioner.

Ogunsemi ordered the respondent to pay N5,000 as monthly upkeep on each of the two female children, and that the payment should commence from February.

The president also ordered the respondent to be responsible for the education of the three children at all levels and ordered that the parties should have unrestricted access to the children.




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