[SAMPLE DIVORCE PETITION IN NIGERIA]
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
CHRISTIAN BABATUNDE .……………………………………… PETITIONER
AND
MORENIKE BABATUNDE ………………….………………………… RESPONDENT
PETITION FOR DECREE OF DISSOLUTION OF MARRIAGE
To: The above named High Court
The Petitioner, whose address is House 4, Allen Avenue, Ikeja, Lagos State and who is an Accountant petitions this Honourable Court for a decree of dissolution of marriage against the Respondent whose address is 17, Allen Avenue, Ikeja, Lagos State and who is a Banker on the ground that the marriage between the Petitioner and the Respondent has broken down irretrievably by reasons of the facts to be herein stated.
- GROUND FOR THE DISSOLUTION OF MARRIAGE
That the marriage has broken down irretrievably.
- MARRIAGE
- The Petitioner then a Bachelor was lawfully married to the Respondent then a Spinster on the 20th January 2017 at the Federal Marriage Registry, Ikoyi, Lagos State, Nigeria.
- The surname of the Respondent immediately before marriage was ADE
- BIRTH OF PETITIONER AND RESPONDENT
The Petitioner was born on the 15th of January 1981 in Nigeria and the Respondent was born on the 30th of October 1988 in Nigeria.
- DOMICILE OR RESIDENCE
The Petitioner and the Respondent are within the Act, domiciled in Nigeria. The facts on which the court will be asked to find that the Petitioner and the Respondent are so domiciled in Nigeria are as follows:
The Petitioner and the Respondent are both Nigerians and have domicile of origin in Nigeria and have never changed or abandoned that domicile.
Previous to the marriage, the Petitioner was residing at House 13 Benson Close, Street, Lekki, Lagos State and worked as an Accountant and remains within the jurisdiction of the Court. Since the date of marriage, the Petitioner having resided at House 4, Allen Avenue, Ikeja, Lagos State where cohabitation between the Petitioner and Respondent ceased on the 10th of August 2019.
- 5. CO-HABITATION
Particulars of the places at which and periods during which the Petitioner and the Respondent co-habited are as follows:
- Immediately after the marriage, both parties lived at House 13 Bouvardia Court, 1 Ota- Iku Street, Off Gbangbala Street, Ikate, Lekki, Lagos State, 2018 to 2019 where the Petitioner and Respondent cohabited, before cohabitation ceased on the 19th of October 2019.
6.CHILDREN
Temitope Babatunde (Female) born on the 26th of July 2018, aged 2 years currently in Creche at Pacific Creche ,Allen Avenue, Lagos State.
- PREVIOUS PROCEEDINGS
Since the marriage, there have not been any previous proceedings in a court between the Petitioner and the Respondent.
- FACTS SUPPORTING THE GROUND FOR THE PETITION
A. INTOLERABLE BEHAVIOURS
That since the marriage, the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.
PARTICULARS OF FACTS OF INTOLERABLE BEHAVIOURS
- The Petitioner and the Respondent got married on the 2nd of August 2010 and not too long after the blessing of the marriage the Respondent changed aggressively towards the Petitioner
- The Petitioner suffered verbal abuse on a regular basis from the Respondent.
- The Respondent nags and hurls insults on the Petitioner at every given opportunity whenever there was a decision to be made together, using derogatory words on the Petitioner at every opportunity.
- The Respondent frequently denigrates the petitioner between family, friends and neighbors.
- The Respondent refused to listen and take any instruction or directive of the Petitioner. The disobedience was so regular that it became difficult to know who the head of the family was.
- The Respondent constantly nags and argues with the Petitioner at every given opportunity.
- The Petitioner and the Respondent never had any sexual intercourse since February 2016 after the birth of the child of the marriage despite living in the same house, as Petitioner continues to withhold sexual consents.
- The Respondent always engages in voodism and always bringing various charms to matrimonial homes.
- That the Respondent has repeatedly attacked the Petitioner with dangerous weapons in the course of the marriage
- That the life of Petitioner is in great danger, as Respondent has repeatedly threatened to cause bodily harm to him
- That the behaviors of the Respondent are extremely intolerable for the Petitioner and the Petitioner cannot continue to cohabit with the Respondent anymore.
- DESERTION
That the Respondent has deserted the Petitioner for a continuous period of at least one year immediately preceding the presentation of the Petition.
B. PARTICULARS OF DESERTION
- The Petitioner and Respondent have not been cohabiting together since 12th November 2018 amounting to more than a year period.
- The Petitioner did not consent to the Respondent’s decision to desert him.
- The Respondent has completely deserted the Petitioner and no sexual intercourse has ever taken place between the Petitioner and Respondent since August 2018.
- CONDONATION, CONNIVANCE AND COLLUSION
The Petitioner has not condoned, connived at the facts specified above and is not guilty of collusion in presenting this petition.
- PROPOSED ARRANGEMENT FOR CHILDREN
Maintenance of the Child of the marriage, Temitope Babatunde, by the Petitioner as follows:
- Payment of the sum of N150, 000 (One Hundred and Fifty Thousand Naira) monthly as feeding allowance for Temitope Babatunde by the Petitioner.
- The Petitioner wishes to continue the payment of the school fees of Temitope Babatunde, until she attains University Level.
- MAINTENANCE & SETTLEMENT OF PROPERTY
PARTICULARS OF MEANS, EARNINGS AND CAPACITY OF THE RESPONDENT
- The Respondent is a Banker
- The Respondent is a Banker at Solid Bank PLC, Ikeja ,Lagos branch.
- The Respondent earning is about N150, 000.00 per month (One Hundred and Fifty Thousand Naira).
PARTICULARS OF MEANS, EARNINGS AND CAPACITY OF THE PETITIONER
- The Petitioner is currently a Banker with Alliance Trust Bank PLC, Victoria Island, Lagos State.
- The Petitioner is currently earning N300,000.00 (Three Hundred Thousand Naira)
- CUSTODY
- The Petitioner wishes that joint custody be awarded to both the Petitioner and the Respondent.
- ORDERS SOUGHT
The Petitioner seeks the following orders:
- A DECREE of dissolution of a marriage contracted between the Petitioner and the Respondent on the 20th of January 2017 at the Federal Marriage Registry, Ikoyi, Lagos State on the grounds that the marriage has broken down irretrievably.
- A ORDER of the joint custody of the child of the marriage, Temitope Babatunde
SETTLEMENT OF THIS PETITION
This Petition was settled by MAYBERRY LAW FIRM, Legal Practitioners to the Petitioner.
File on the ……… day of ……………… 2020.
By ……………………………………………….
On behalf of the Petitioner whose address for service is C/o His Solicitors Resolution Law Firm ……………………………………………………………
_____________________________
OLUFEMI MAYBERRY ESQ
KUNLE IDRIS ESQ
PETITIONER’S COUNSEL
MAYBERRY LAW FIRM
17, Allen Avenue,
Ikeja, Lagos.
mayberrylawfirm@gmail.com
FOR SERVICE ON:
THE RESPONDENT
MORENIKE BABATUNDE
NO 321, AWOLOWO ROAD
IKOYI,
LAGOS STATE.
