An Igando Customary Court in Lagos on Tuesday dissolved the marriage of a woman who claimed that her husband regarded her as performing less in bed than his girlfriends.
The Court President, Mr Adeniyi Koledoye, held that although the respondent, Mr Tosin Owolabi, wanted the marriage sustained, his wife, Adenike, insisted on divorce.
He said that the court lacked the power to force a willing husband on an unwilling wife. “The court cannot prevail on the petitioner, Adenike, to rescind her decision to quit the marriage.
“It is crystal that the marriage between the couple has broken down irretrievably, and there is nothing the court can do to sustain it,’’ he said.
Adenike had sought divorce, saying that Tosin, her husband of seven years, regularly told her that she was not good in bed.
She said that Tosin, 36, was adulterous and complains “I am not hot in bed…I know he was using that as an excuse for his infidelity,” the mother of two said.
“I cannot have access to his phone because he coded it so that I will not know about his illicit affair with other women,” she told the court.
She also accused Tosin, a teacher, of battering her.
“My husband beats me up at any slightest provocation; he started beating me during courtship but I endured, thinking he would stop…He beats me even during pregnancies which always lands me in hospital,” she said.
The petitioner added that Tosin was jealous. “He is always accusing me of dating any man he sees me with,’’ Adenike said, adding that Tosin threatened to kill her and might carry out the threat.
Responding, Tosin admitted beating Adenike but blamed it on his temperament. He also accused Adenike of infidelity.
The court granted the custody of the two children of the marriage to Adenike, and ordered Tosin to be paying N5,000 monthly to her for each of the children’s feeding. It also ordered that Tosin should be responsible for the children’s education.
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