An Akure Customary Court in Ondo State has dissolved the 12-year marriage between Moradeke Babalola and her husband, Temitope Babalola, on grounds of domestic violence and irretrievable breakdown of the union.
The petitioner, Moradeke Babalola, told the court that she contracted the marriage with the respondent in December 2013 under Yoruba Native Law and Custom after fulfilling all the customary requirements for a valid traditional marriage.
Giving evidence before the court, the petitioner stated that she dated the respondent for about a year before their marriage but alleged that his attitude changed after the union.
She testified that she was repeatedly subjected to domestic violence by the respondent and eventually stopped living with him in June 2025 when she could no longer endure the abuse.
The petitioner tendered photographs from their customary marriage ceremony, as well as photographs showing injuries and wounds allegedly inflicted on her by the respondent.
The court observed that despite several adjournments, the respondent, his counsel, and members of his family consistently failed to appear before the court to defend the suit.
In his judgement, the President of the court, A.S. Obademi, held that the court could not compel a party to prosecute a case after being afforded the opportunity of a fair hearing.
Citing Newswatch Communications Ltd. v. Attah (2006) 12 NWLR (Pt. 993) 144, Obademi stated that where a party fails to take advantage of the opportunity provided by the court, the court cannot be blamed for such indolence.
The court further held that the evidence before it established that the respondent subjected the petitioner to domestic violence and that efforts by family members to resolve the dispute had failed.
Obademi noted that the parties had already ceased living together as husband and wife and that the marriage did not produce any children.
According to the court, the respondent’s persistent absence and apparent lack of interest in the proceedings demonstrated that the marriage had broken down irretrievably and was beyond reconciliation.
Consequently, the court dissolved the marriage, stressing that the decision was necessary to preserve the sanctity of life and prevent a situation in which either party could lose his or her life in an abusive and unwanted union.