An FCT High Court Friday dissolved a 12- year -old childless marriage over the wife’s decision to desert her matrimonial home.
The husband, Emeka Emea had filed a petition requesting dissolution of the union. He told the court that his wife, Helen Chukwuemeka left their home since 2018 and she had refused to return.
Emeka equally told the court that his efforts to know her whereabouts including from her parents failed.
Delivering judgment, Justice Peter Kekemeke, described desertion as the withdrawal from cohabitation without the consent of the other spouse and with the intention of remaining separated for ever.
”It is a voluntary withdrawal by a married person from the obligations of marital life
”The only evidence available in court is that she moved out of the matrimonial home since 2018.
”The petitioner, her husband was unaware of her intention not to come back to the matrimonial home,” he held.
The judge held that the petitioner reached out to her parents but id not receive any positive response.
” She was served with court processes but failed to file an answer.
” She also failed and refused to give her own side of the stor,” the judge held.
”From evidence, the petitioner did not consent to the respondent’s act of desertion.
” There was no evidence of quarrel, cruelty or other reasons which could justify the respondent’s action.
” In the circumstance of this case, it is my view that the petitioner has proved that the respondent deserted the matrimonial home.
“Consequently, the marriage between the petitioner and the respondent has broken down irretrievably and I so hold.
” The marriage between Emea and Helen Amarachi Chukwuma celebrated on May 1, 2010 is hereby dissolved ” he held.
The petitioner had earlier told the court that there was no child from the marriage.