AN Upper Area Court sitting in Makurdi, the Benue state capital last Friday dissolved a two year old marriage between a Military Captain, Alexander Ifeanyi Otuve and Joy Uwariome Iziven over irreconcilable differences.
Capt Otuve (petitioner) had in 2014 approached the court in suite No. UACII/cv.62/2016 praying the court to dissolve the marriage between him and his wife, Joy who he married in 2012 under the Era native law and custom of Owan East of Edo state.
While giving evidence before the court, the petitioner, Capt Otuve said that his wife refused to follow him to Makurdi, Benue state when he was transferred in 2014.
The wife according to the military officer refused to come along stating also that before his transfer to Makurdi, he had noticed some funny attitudes in his wife as the wife goes out and comes back at late hours; a development which both of the families could not reconcile.
Captain Otuve testified further that in 2014 when he was again posted to the North- East operation, the wife refused to answer him adding that he began to wonder how he would be in front line and at the same time be thinking of what was happening in his marriage at home, hence, he resorted to the legal action.
According to him, ‘ I decided to follow it legally, we last spoke with each other in 2014 when I tried to retrieve my car from her. I decided to let her be so that I face my life, she is not a woman I got married to any more’.
The woman throughout the period the case lasted did not enter defense.
In her judgement, the presiding judge Mrs Fatima A. Akintomide said the court had established that there was no issue of custody of any surviving child in the marriage and it is a fact that the petitioner was able to establish lack of communication with his wife for the past two years, though, such other alleged grounds wouldn’t have been enough for the court to grant divorce.
But, she said the smart way the petitioner answered the court when asked how he got the respondent present address by responding that it was through the ‘social media’ where the respondent advertised her business, the court became convinced that the parties are already separated since locating the respondent to be served through substituted means was equally difficult.
His Worship ruled, “much may be said but the truth still remains, I cannot force an unwilling partner not on a billing partner, but equally an unwillingly partner. The marriage between the petitioner and respondent is hereby dissolved.”
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