The Oyo State High Court 2, Ring Road, Ibadan has ordered the dissolution of marriage between Modupe and Tajudeen Ogunyomi for lack of affection and failure by the two to cohabit for a long period of time.
The couple, who got wedded in Abeokuta on November 2, 2013, had lived apart for three years.
The marriage did not produce any child.
The wife, who currently lives in Jersey, USA claimed that Tajudeen had before the wedding agreed to relocate overseas with her but failed to do so.
Modupe’s petition dated March 5, filed through her counsel, Otunba Kunle Kalejaye (SAN), served on the husband, indicated that they got wedded at the Ake Marriage Registry, Abeokuta, Ogun State.
The affidavit, which had yet to be responded to, stated that the estranged couple stopped cohabiting since February 4, 2017, resulting in stress and pain.
Sister to the petitioner, Mrs Fowosere Olayinka, told the court that she was present at the wedding ceremony on November, 2013, adding, “The couple have separated since 4th February, 2017. They have been living apart since then.”
Kalejaye, who led Oluwatoba Kalejaye, Mojisola Hassan, D.D. Owoeye and J.A. Adeyemo, cited S. 15 (2) (f) of the Matrimonial Causes Act, said, “Living apart for a period of 3 years preceding the presentation of a petition is a sure ground in law for an irretrievable breakdown of marriage. The parties have lived apart from 2017 to 2020 as the petition was filed on 5th March, 2020.”
The counsel said, “There is no need inquiring into who, between the parties, is at fault once the parties had lived apart for a period of three years. I, therefore, urge Your Lordship to so make an order Nissi.”
Justice Moshood Abass noted that the petition was based on living apart by the couple, moreso that the respondent (Tajudeen) did not file any defence despite being served with the petition.
The Judge said, “This court is bound to grant the dissolution of the marriage since the parties have been separated. I, hereby, hold that the marriage has broken down irretrievably. I, accordingly, grant the order of dissolution nissi. The order shall become absolute after three months.”
