The High Court sitting in Ibadan has dissolved a seven-year-old marriage between Ajibola Idris Akande and Mary Imoleayo Akande over genotype incompatibility.
The petitioner, Ajibola Idris Akande, married the respondent, Mary Imoleayo Akande, on 21 August 2014 at the Mapo marriage registry in accordance with statutory provisions.
The case was brought before Justice Ezekiel Olayemi Ajayi.
While delivering his judgment, his Lordship said from the available facts before the court, the marriage between the petitioner and respondent consummated at Mapo marriage registry on 21st August 2014, has broken down irretrievably.
Justice Ajayi noted that from the records, the parties to the marriage have lived apart for a continuous period of two years immediately preceding the petition and the respondent does not object to a decree being granted.
The judge stated that the fact of the case was that, both petitioner and respondent were only interested in planning their marriage and their home and they never thought to do some medical test in order to know whether they were compatible or not.
He emphasised that it was just a brief incident that happened between the couple, after this, the petitioner and respondent did a medical test and upon this, it was discovered that they are both AS. The only child of the marriage died as a result of this problem.
The judge held that the two, based on their genotype discovery, had filed the petition so that the marriage can be dissolved” the two thought it fit that it will not be good for the two of them to bring a sick child into the World.”
Justice Ajayi noted that it is on record that the respondent left the house in 2016, and since then, she and the petitioner have been living apart.
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