Background
On 2024-10-08, the High Court of Justice, Benin Judicial Division, presided over by Hon. Justice P. A. Akhihiero, delivered judgment in Suit No. B/434D/2021, a petition filed by Mrs. Joy Owowanre Iyengunmwena for the dissolution of her marriage to Mr. Lewis Osarentin Iyengunmwena. The original petition, dated 2021-05-20, was amended on 2021-12-17. The Petitioner sought: (i) a Decree of Dissolution of Marriage on the ground of irretrievable breakdown; (ii) sole custody of their daughter, Gabriella (aged 4); (iii) an order for the Respondent to contribute 60% to their daughter’s education and upkeep until maturity; and (iv) a perpetual injunction restraining the Respondent from entering the Petitioner’s workplace or otherwise harassing her.
Issues
- Whether the Petitioner proved that the marriage has broken down irretrievably under Section 15(2) of the Matrimonial Causes Act 1990.
- Whether the Petitioner is entitled to custody of the only child of the marriage.
Ratio Decidendi
The Court held that, to grant a divorce, the Petitioner must establish one or more facts under Section 15(2): (c) behaviour rendering cohabitation unreasonable; or (d) desertion for at least one year preceding the petition. Unchallenged evidence of abandonment and misconduct satisfied both grounds.
Court Findings
The Petitioner’s uncontradicted evidence established:
- The Respondent’s refusal to provide financial support for household expenses and antenatal care;
- Repeated extramarital affairs, including exchanging nude images;
- Desertion—last in January 2020—relocation to Lagos, cessation of contact, and only occasional visits to retrieve the child.
On custody, the Court applied Section 71(1) of the Matrimonial Causes Act, emphasizing the child’s best interests. The child, aged four, resides solely with the mother and is more familiar with her. The Respondent’s conduct and abandonment weighed heavily against him.
Conclusion
The Court resolved both issues in favor of the Petitioner and made the following orders:
- Granted a Decree Nisi dissolving the marriage for irretrievable breakdown.
- Awarded sole legal custody of Gabriella Iyengunmwena to the Petitioner, with the Respondent granted reasonable visitation rights.
- Directed the Respondent to contribute 60% towards the child’s education and maintenance until she reaches majority.
- Issued a perpetual injunction restraining the Respondent and any agents from entering the Petitioner’s workplace or harassing her.
The Decree Nisi will become absolute after three months unless contrary reasons are presented. No order as to costs was made.
Significance
This judgment illustrates the Court’s strict application of Section 15(2) for divorce and reinforces the principle that unchallenged, credible evidence suffices to prove irretrievable breakdown. It also underscores the paramountcy of the child’s welfare under Section 71(1), favouring continued maternal custody where the custodial parent has provided stability and the other parent has abandoned familial responsibilities.