A Grade A Customary Court, Court 2, sitting at Mapo, Ibadan, Oyo State, has delivered judgment in a divorce suit filed by a man, Hakeem, against his partner, Idayat, whom he accused of aggression, repeated threats to his life and hostility towards his family, friends and neighbours.
In his petition, Hakeem told the court that his wife’s behaviour made his home unsafe and unbearable, alleging that she turned their residence into what he described as a battlefield. He said her hostile disposition caused his relatives and friends to abandon him.
The plaintiff alleged that Idayat consistently denied his first wife and her children access to him, often confronting and fighting them whenever they attempted to enter his apartment.
Hakeem further told the court that his wife showed no respect for him, frequently argued with him and engaged him in physical fights. According to him, she often threatened to kill him and, on several occasions, chased him with a cutlass during altercations.
He said the threats eventually forced him to leave the house when he realised that his life was no longer safe. However, he added that Idayat continued to accost and fight him whenever they encountered each other even after he left the matrimonial home.
Seeking relief, Hakeem urged the court to dissolve the marriage, restrain his wife from threatening or interfering with his private life and grant him custody of their four children, whom he said had been negatively affected by their mother’s conduct.
While giving evidence, Hakeem told the court that he met Idayat about 20 years ago and that they held only an introduction ceremony after a brief courtship. He admitted that no bride price was paid and that no formal customary marriage rites were performed.
“My only regret in life is that I got married to my wife. I began to see another side of her after we started living together. She made my life miserable and turned our home upside down,” he said.
In her defence, Idayat opposed the dissolution of the marriage, citing the welfare of their children. She told the court that she had been solely responsible for the feeding, education and general welfare of the four children, alleging that her husband paid little or no attention to them.
She pleaded with the court not to grant Hakeem custody of the children, stressing that they were still young. She further urged the court, in the event that judgment was entered in her husband’s favour, to order him to pay N70,000 monthly for the children’s feeding and to take full responsibility for their education and healthcare.
“It is true that my husband and I held no wedding ceremony and that he did not pay my bride price. I do not want a divorce, and I do not want him to have custody of our children,” she told the court.
Delivering judgment, the court president, Mrs O.E. Owoseni, held that there was no marriage to be dissolved, as no customary marriage existed between the parties.
She noted that the allegations of threats and violence made by the plaintiff were not disputed or challenged by the defendant, which the court interpreted as an admission of the claims.
Consequently, the court issued an order restraining Idayat from threatening or interfering with Hakeem’s private life, based on evidence of persistent threats and altercations, even after the plaintiff had left the home.
The court granted custody of the four children to the defendant, Idayat, while granting the plaintiff reasonable access to them.
It further ordered Hakeem to be fully responsible for the upkeep of the children, including their feeding, education and healthcare, and to give them adequate parental attention.
The ruling effectively resolved the dispute, with the court affirming that no legally recognised customary marriage existed between the parties.
