It has been stated earlier that marriage is a universal institution which is recognized and respected all over the world. Therefore the sanctity of marriage is a well-accepted principle in the world community.
From the cradle of marriage in the Biblical Garden of Eden God, the initiator of marriage never forecasted the dissolution of this divine institution. Infact he so cherish it that he gives blessing to it when he said.
“Marriage Is Honourable In All Things”
Marriage is the only institution wherein parties (candidates or students) are given their certificate on matriculation day (wedding). It follows therefore that when parties enter into the marriage contract they do not expect it to fail or end up in dissolution. However, even preachers of the Bible and adherents appreciate certain things as grounds that can terminate legal marriage institutions. Death as a ground is well understood and universally accepted since also it is not envisaged that spouses can just die the same day.
Though, marriage is a universal institution every country of the world has law or laws that regulate this institution. Nigeria is not an exception as it has the Marriage Act and Matrimonial Causes Act for this purpose.
There are provisions that regulate the dissolution of marriage which have been discussed in the preceding edition. Some also help to protect the sanctity of marriage and so on.
There are however, several ugly consequences of the sequences of divorce which make divorce worthy of avoiding.
Firstly, the fact that divorce itself brings social stigma to parties embroiled in it is no gain saying. By extension, children of divorce parents are now referred to as children of “Broken homes,” which of course not only subject them to various societal hazard, neglect and infact odiom, disparage, but exposes victims to hatred, contempt or ridicule. It also causes other persons to shun or avoid them.
To cope with this trend is a major reason why divorce should be the last resort in a retarded marriage and why also marriage contracts should not be rushed into.
It is also on this note that the law in section 30 (1) and 20 of the Matrimonial Causes Act, provides for the two years Rule.
Life after divorce is always very rugged and challenging. First, individual spouse will be faced with the problem of forgetting his or her relationship with the other spouse. This is battling the emotional and psychological attachment with the spouse. Secondly, if there are children as a result of the marriage, of course, the court will always give their custody to one of the spouses and mostly to the female spouse, especially taking cognizance of their age at the time in question.
The upbringing of these children by the moral supervision of a single parent will not only affect the spouse but also tell on the children. On the other hand, the other parent who by reason of the divorce will be conspicuously absent from the children will in turn suffer emotionally and psychologically.
In the end the children will be the most battered in the process after all they are innocent of the situations that engulf them. They are indoctrinated by the parent that is ever close to them and denied of the joy and love of the absent one. They are told stories by the parent always close at the detriment of the ever absent one. The children then grow up to hate one of their parents and eventually sometimes hate the community and finally feel dejected and frustrated. It can lead to criminal propensities.
Furthermore, it is a truism that in Africa one who is married into the family sees members of that family as his or hers and thereby brings to life a chord of unity. In the process of divorce that chord gradually breaks and eventually dies.
Here, you see people who lived in one accord becoming enemies as a result of marriage breakdown and its attendant dissolution. A victim can indulge in a life inimical to his good living. For instance a divorced husband who was never used to drinking can take to it to suppress his emotional failure and thereby become addicted to drink.
There are many more ugly consequences of divorce and so this ugly monster should be, if possible avoided to save the marriage.
Having discussed the challenges of divorce in Nigeria generally in the preceding paragraphs it is pertinent at this juncture to consider and appraise and infact examine some of the grounds of divorce under the statute in Nigeria. This is because this is the main thrust of this whole discourse.
Without prejudice however, one cannot but admit that the grounds and proceedings for divorce under the statute are more unique, civilized and pleasant than the grounds and procedures that liter among Nigerians under our various customary laws.
In any case under the various customary laws the wife is not given a legal status and so does not have any right to be heard in situations of divorce. We hope that this ugly trend will soon have a revival.
That not withstanding, it is humbly submitted here that some of the provisions of the Matrimonial Causes Act need a review or amendment to make them represent the current trend of events. It should be noted that the provisions of the 1990 Matrimonial Causes Act is heavily lifted from that of the 1970 Matrimonial Causes Act which was in fact an offshoot of the English Matrimonial Causes Law. It is suggested that these provisions are long overdue for amendment. For all practical intents and purposes majority of these provisions are foreign based and do not represent the Von Savigny’s Volkgeist analogy that the law should always reflect on the culture and behaviour of the people. To quote him, “law grows with the growth, is strengthened with the strength of the people and finally dies as the people lose their nationality.”
Barr. Gideon Kpoobari Girigiri
08036784327
